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War - Law Dictionary Search Results

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war crime

war crime : an act committed usually during an international war for which individual criminal liability will be imposed by a domestic or international tribunal ;specif : a violation of the laws or customs of war as embodied or recognized by international treaty, court decisions, or established practice usually used in pl. NOTE: Following World War II, the Charter of the International Military Tribunal at Nuremberg first codified war crimes including crimes against humanity. Also encompassed in the legal concept of war crimes is the crime of planning or waging a war of aggression or a war in violation of international treaties. ...


Declaration of war

Declaration of war. The formal announcement by one nation of an intention to treat another nation as an enemy and to commence hostilities, agreed to be necessary by the Hague Convention, 1907. In modern times the future belligerents, generally, are in a state of war before any declaration of war is made. Before this Convention was signed, in the war between Russia and Japan, the Japanese ambassador, on the 6th February, 1904, notified to Russia the rupture of negotiations and the cessation of diplomatic relations, hostile operations were commenced by Japan on the 8th February, and formal declarations of war were not made until the 10th of February by Japan, and 11th February by Russia. The British Declaration of War on Germany was made on the 4th August, 1914, after an ultimatum.The force of a declaration of war is equal to that of an Act of Parliament prohibiting intercourse with the enemy except by the king's license. As an act of State done by virtue of the prerogative it carries wi...


Waging war

Waging war, means and can only mean 'waging war in the manner usual in war'. In order to support a conviction on such charge, it is not enough to show that the persons charged have continued to obtain possession of an armoury and have, when called upon to surrender it, used the rifles and ammuni-tion so obtained against the King's troops, Mir Hasan Khan v. State, AIR 1951 Pat 60.The expression 'waging war' means and can only mean waging war in the manner usual in war. In other words, in order to support a conviction on such a charge it is not enough to show that the persons charged have contrived to obtain posses-sion of armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the government troops. It must also be shown that the seizure of the armoury was part and parcel of a planned operation and that their intention in resisting the troops of the Government was to overwhelm and defeat these troops and then to go on and crush any further ...


War

War. The sovereign has the sole prerogative of making war or peace.Where war actually prevails, the ordinary courts have no jurisdiction over the action of the military authorities (Ex parte D.F. Marais 1902 AC 115). See ARMY; DECLARATION OF WAR; and consult Owen's Declaration of War; Holland's Law of War on Land; Hall's International Law; Grot. De Jure Pac. et Bel.1. Hostile conflict by means of armed forces, carried on between nations, status or rulers, or sometime between parties, within the same nation or state, a period of such conflict 2. A dispute or competition between adversaries; 3. A straggle to scire a pervasive problem, Black's Law Dictionary, 7th Edn., p. 1576...


War Department

War Department, a department for which the sovereign issues orders to his forces. This department was formerly united with the Colonial Office under an official called the 'Secretary at War,' who was not a Secretary of State; but an additional Secretary of State was appointed, for affairs of war solely, in the year 1854. [See the (English) War Office Act, 1870 (33 & 34 Vict. c. 17)]By the (English) Army (Annual) Act (9 Edw. 7, c. 3), certain powers formerly exercisable by the Secretary of State, and all powers of the Commander-in-Chief and the Adjutant-General under the Army Act, were transferred to the Army Council. See ARMY COUNCIL....


nuclear war

A war in which nuclear weapons are used by both sides As generally used the term assumes major use of nuclear weapons by at least two opposing warring states As of 1999 no nuclear war has occurred...


Booty of war

Booty of war, property captured in war on land which falls to the forces capturing by grace of the Crown or to the Crown itself. By 3 & 4 Vict. c. 65, s. 22, the jurisdiction in matters of booty of war is in the Admiralty Jurisdiction of the High Court, on a reference by the sovereign. See Judic. Act, 1925, s. 22. See Banda and Kirwee Booty, (1875) LR 4 Adm. & E. 436. Appeals lie to the Privy Council, ibid., s. 27. See ADMIRALTY; PRIZE COURT....


Civil war

Civil war, is a war which has the special characteristic of being civil, that is to say internal rather than external. A decision on whether such a war exists generally involves a consideration of (1) whether it can be said that the conflict was between opposing 'sides', (2) what were the objects of the 'sides' and how did they set about pursuing them, and (3) what was the scale of the conflict and its effect on public order and on the life of its inhabitants, Spinney's (1948) Ltd. v. Royal Insurance Co. Ltd., (1980) 1 Cloyd's Rep 406 (UK)....


Laws of war

Laws of war, means the body of rules and principles observed by civilized nations for the regulation of matters inherent or incidental to the conduct of a public war, such as the relations of neutrals and belligerents, blockades, captures, prizes, truces and armistices, capitulations, prisoners, and declarations of war and peace, Black's Law Dictionary, 7th Edn., p. 895....


Munitions of war

Munitions of war. As to keeping secret patents for their invention, see s. 30 of the Patents and Designs Act, 1932 (22 & 23 Geo. 5, c. 32), and Patent Rules, 1932, rr. 106-108. As to supplying such to foreign states at peace with this country, for the purpose of hostilities between themselves, see 33 & 34 Vict. c. 90. As to the establishment of a Ministry of Munitions during the Great War, see 5 & 6 Geo. 5, c. 51. It was abolished by 11 Geo. 5, c. 8. Cf. CONTRABAND.It includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adopted for use in war, and any other article, material or device, whether actual or proposed, intended for such use. [Official Secrets Act, 1923 (19 of 1923), s. 2 (5)]...


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