Why nations stopped declaring war even when they are actively fighting
For centuries, a formal declaration of war was the standard opening move for any conflict. Today, these proclamations have become nearly extinct. While modern nations still engage in large-scale military violence, they increasingly avoid the legal and political baggage that comes with officially announcing a state of war.
Historically, declaring war was a performative act meant to signal honor or provide a clear warning to an opponent. Ancient traditions, such as the Roman ritual of the Fetials, formalized this process. Yet, even in the 18th and 19th centuries, formal declarations were surprisingly rare. A study by John Frederick Maurice found that between 1700 and 1870, only 10 conflicts were preceded by a formal declaration, while 107 were waged without one. By the early 20th century, the Hague Convention (III) of 1907 attempted to codify these protocols, requiring an explicit warning before hostilities commenced.
The landscape shifted dramatically after 1945. The United Nations Charter prohibited the threat or use of force in international relations, except for self-defense or collective security actions authorized by the UN Security Council. Because a formal declaration of war acknowledges a state of hostilities, it can be perceived as an admission of aggression or a violation of international law. Consequently, leaders now prefer euphemisms like 'special military operation' or 'police action' to bypass the rigid legal frameworks that govern declared wars.
Scholars suggest several reasons for this decline. Some argue that states avoid declarations to evade the strict requirements of international humanitarian law, which regulates conduct during wartime. Others view declarations as outdated markers of maximalist, total-war aims that no longer fit modern, limited conflicts. Even when nations are clearly at war, they often maintain the legal fiction of peace to avoid domestic or international restrictions. This shift reflects a broader transition from a world of sovereign states declaring their intentions to a complex, rules-based system where the language of conflict is carefully managed to maintain a veneer of legality.
Source: Declaration of war
