war

Hostile contention by means of armed forces, carried on between nations, states, or rulers, or between citizens in the same nation or state. Gitlow v. Kiely, D.C.N.Y., 44 F.2d 227, 233.

A contest by force between two or more nations, carried on for any purpose, or armed conflict of sovereign powers or declared and open hostilities, or the state of nations among whom there is an interruption of pacific relations, and a general contention by force, authorized by the sovereign. West v. Palmetto State Life Ins. Co., 202 S.C. 422, 25 S.E.2d 475, A 477, 478.

War does not exist merely because of an armed attack by the military forces of another nation until it is a condition recognized or accepted by political authority of government which is attacked, either through an actual declaration of war or other acts demonstrating such position. Savage v. Sun Life Assur. Co. of Canada, D.C.La., 57 F.Supp. 620, 621.

For there to be a "war," a sovereign or quasi-sovereign must engage in hostilities. Pan American World Airways, Inc. v. Aetna Cas. & Sur. Co., C.A.N.Y., 505 F.2d 989, 1005.

Term as used in statute proscribing any claim against United States arising out of combatant activity of Military or Naval Forces or Coast Guard during time of war includes an undeclared war as well as a formally declared war. Morrison v. U. S., D.C.Ga., 316 F.Supp. 78, 79.

See also articles of war

- civil war

- declaration of war (war)

@ imperfect war

See perfect war

@ laws of war

This term denotes a branch of public international law, and comprises the body of rules and principles observed by civilized nations for the regulat tion of matters inherent in, or incidental to, the conduct of a public war; such, for example, as the relations of neutrals and belligerents, blockades, captures, prizes, truces and armistices, capitulations, prisoners, and declarations of war and peace; e.g. Geneva Convention.

@ mixed war

A mixed war is one which is made on one side by public authority, and on the other by mere private persons.

@ perfect war

Where whole nation is at war with another whole nation, but when the hostilities are limited as respects places, persons, and things, the war is termed "imperfect war." Bas v. Tingy, 4 U.S. (Dall.) 37, 40, 1 L.Ed. 731.

@ private war

One between private persons, lawfully exerted by way of defense, but otherwise unknown in civil society.

@ public war

Every contention by force, between two nations, in external matters, under the authority of their respective governments. Prize Cases, 2 Black 666, 17 L.Ed. 459.

@ solemn war

A war made in form by public declaration; a war solemnly declared by one state against another. Bas v. Tingy, 4 U.S. (Dall.) 37, 40, 1 L.Ed. 731

@ war clauses

Art. I, No. 8 (Clauses 11-16) U.S.Const., provides, inter alia, that Congress shall have power to declare war, and raise and support military forces.

See war power

@ war crimes

Crimes committed by countries in violation of the international laws governing wars. At Nuremberg after World War II, crimes committed by the Nazis were so tried

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