I’m having a disagreement with someone about whether or not the Gulf War was actually declared as a war. I say it was declared as a war, and the other person claims that it was just another mobilization of troops like Vietnam or Korea. I looked around the internet and couldn’t find anything that definitively said one way or the other. Who’s right?
Also, if war was declared, did congress actually give President Bush full ability to declare war, or did they just leave the decision up to him, but they themselves had to officially declare it. I know the Constitution gives the power to Congress, but can Congress willingly give up that power, or would it be unconstitutional?
Hoopy, if you’re not on the Darwin boards as someone else, synchronicity just took a majorly creepy turn.
FWIW, I just had a similar discussion with someone on another forum and looked up the Senate activities for January 12, 1991. There were three resolutions considered by the Senate that day concerning the use of force in teh Persian Gulf. Two were passed (authorizing the use of the armed services in the Gulf), and one was not (officializing US policy on the reversal of the Iraqi occupation of Kuwait).
This confused me, so I sent a very polite e-mail to the Assistant Historian of the Senate asking if the Gulf War was actually a “declared war”. I’m still waiting to hear back…updates to come…
Contrary to popular belief, a “declaration of war” isn’t an internationally recognized precursor to war. Under relevant international law, war exists when the fighting starts; declaring it is a completely unnecessary formality. The Geneva Conventions, to use a common example, specifically state they must be followed in all cases of armed conflict. No declaration needed. That’s why countries don’t bother declaring war anymore.
The only thing that really matters from the perspective of the USA is whether or not Congress authorized military action in accordance with Article 1, Section 8, Clause 11 of the Constitution. I’d say Congress authorizing the use of military force is a “declaration of war” in every sense that matters to the US. However, no formal diplomatic message was given to Iraq informing them that a state of war existed. So, really, the answer is both yes and no, depending on your perspective.