# In the U.S., when do attacks on another country become a "war" that has to be officially declared by Congress? **URL:** \ **Category:** Factual Questions\ **Created:** [January 3, 2026, 6:07pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312 "2026-01-03T18:07:20Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 3, 2026, 6:07pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/1 "2026-01-03T18:07:20Z")
As stated in the title. Is there an official “tipping point” that requires Congress to declare an official war and, if so, what is it? ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [January 3, 2026, 6:10pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/2 "2026-01-03T18:10:37Z")
It’s a great question. AIUI, the U.S. has not formally declared war since WWII. So, all of the military actions that the country has undertaken since then (Korea, Vietnam, Gulf War I and II, etc.) have lacked that formal declaration. > **[Declaration of war by the United States](https://en.wikipedia.org/wiki/Declaration_of_war_by_the_United_States)** > > A declaration of war is a formal declaration issued by a national government indicating that a state of war exists between that nation and another. A document by the Federation of American Scientists gives an extensive listing and summary of statutes which are automatically engaged upon the United States declaring war. > For the United States, Article One, Section Eight of the Constitution says "Congress shall have power to ... declare War." However, that passage provides no specific format fo... ---
**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\ **Post date:** [January 3, 2026, 6:15pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/3 "2026-01-03T18:15:14Z")
The War Powers Act of 1973 says the President must consult Congress prior to military action and notify Congress within 48 hours of committing forces to military action. And forces must be removed within 60 days unless Congress approves in the form of a war declaration or other specific authorization. Almost every president since 1973 has ignored one or more of those requirements. ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [January 3, 2026, 10:40pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/4 "2026-01-03T22:40:20Z")
No. There is nothing that would require Congress to declare a war. I’m focusing this on the word “requires” to Congress. We can certainly be in a “war” without a congressional declaration if that’s what you mean. I’d guess there is more you’re getting at but I’ll wait awhile. The history of this stuff is interesting to me. ---
**Author:** ![Dissonance](https://avatars.discourse-cdn.com/v4/letter/d/85f322/32.png) [@Dissonance](https://boards.straightdope.com/u/Dissonance)\ **Post date:** [January 3, 2026, 11:39pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/5 "2026-01-03T23:39:11Z")
There isn’t one. ---
**Author:** ![Coriolanus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coriolanus/32/18769_2.png) [@Coriolanus](https://boards.straightdope.com/u/Coriolanus)\ **Post date:** [January 4, 2026, 1:39am UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/6 "2026-01-04T01:39:21Z")
Only Congress can declare War (capital W) trump used the word “war” yet I don’t even believe he’ll have to answer to His Congress in 90 days, as using the military on foreign soil calls for (so-called “War Powers Act”) Dunno if it’s to “get around” some technicality, like Putin’s “war” (military action) in Ukraine, yet the last declared War was: June 1942 was the last “pair” of declarations between the United States and Romania, Bulgaria, and Hungary (Axis powers). These were not bilateral declarations but part of a series following the US entry into the war after Pearl Harbor. So it’s lower-cased “war” or military action/police action (Korea - still going!)/ kidnapping a foreign leader, or it’s a War like Germany on Poland. Now there’s probably too much paperwork to file at the UN. Kier Starmer came right out and declared he had nothing to do with it. A true Knight. I haven’t seen a country condemn it. They might care about the USA taking as much oil as they want. Yet who asked them? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 4, 2026, 1:55am UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/7 "2026-01-04T01:55:44Z")
Declaring war went out with dropping atomic bombs on people. It simply isnt done anymore. Russia didnt declare on Ukraine. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 4, 2026, 5:05am UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/8 "2026-01-04T05:05:36Z")
> [@CoolHandCox](#): > > I’d guess there is more you’re getting at but I’ll wait awhile. No, there isn’t-What I asked was precisely what I wanted to know. If I was “getting at something” I would have posted the question in another thread. ---
**Author:** ![f.coli](https://avatars.discourse-cdn.com/v4/letter/f/eada6e/32.png) [@f.coli](https://boards.straightdope.com/u/f.coli)\ **Post date:** [January 4, 2026, 2:37pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/9 "2026-01-04T14:37:14Z")
A declaration of war obligates the nation declaring it to observe the Geneva Convention, which many bellicose countries consider inconvenient. A “police action” gives them more freedom of action. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [January 4, 2026, 3:30pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/10 "2026-01-04T15:30:13Z")
> [@Elmer\_J.Fudd](#): > > The War Powers Act of 1973 says the President must consult Congress prior to military action and notify Congress within 48 hours of committing forces to military action. And forces must be removed within 60 days unless Congress approves in the form of a war declaration or other specific authorization. Almost every president since 1973 has ignored one or more of those requirements. This is exactly the correct answer. As a PolSci student in the early 80s I wrote a lengthy research paper on the War Powers Act. This was exactly what I concluded then. Having done the research, I have been attuned to uses of force since then, and it remains true. If anything, even moreso. And it isn’t just the Presidents ignoring it. Congress consistently goes along - other than occasional window dressing. ---
**Author:** ![Dr.Drake](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)\ **Post date:** [January 4, 2026, 4:28pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/11 "2026-01-04T16:28:59Z")
Well, as of this morning, Rubio is being reported as claiming we are not at war with Venezuela. Not sure whether you get to say “backsies” after a clear act of war, or whether Rubio is respecting Congress and saying that what we’re in isn’t a war. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [January 4, 2026, 4:29pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/12 "2026-01-04T16:29:41Z")
> [@Dr.Drake](#): > > Not sure whether you get to say “backsies” after a clear act of war, or whether Rubio is respecting Congress and saying that what we’re in isn’t a war. Or, covering his (and the administration’s) ass. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 4, 2026, 4:34pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/13 "2026-01-04T16:34:01Z")
> [@f.coli](#): > > A declaration of war obligates the nation declaring it to observe the Geneva Convention, which many bellicose countries consider inconvenient. A “police action” gives them more freedom of action. The drafters of the Geneva Conventions were not so naive. The definitions used in the Conventions apply equally regardless of whether a war is declared or not. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 4, 2026, 4:39pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/14 "2026-01-04T16:39:37Z")
[Moderating] > [@Dr.Drake](#): > > Well, as of this morning, Rubio is being reported as claiming we are not at war with Venezuela. Not sure whether you get to say “backsies” after a clear act of war, or whether Rubio is respecting Congress and saying that what we’re in isn’t a war. While there is factual content to this post, the tone isn’t really appropriate for FQ. Further, the question was general, not specific to the current actions in Venezuela. To avoid politics in FQ, let’s just answer the question in general, please, in this thread. ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [January 4, 2026, 5:06pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/15 "2026-01-04T17:06:58Z")
So the obvious follow-up is - what happens after 60 days if the government fails to remove its troops from a “non” war? What would congress do? A sharply worded letter? I suppose they could impeach if someone ignores laws and deadlines. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 4, 2026, 5:22pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/16 "2026-01-04T17:22:22Z")
I think it is less “obvious follow-up” and more “another thread to follow this one”. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [January 4, 2026, 5:32pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/17 "2026-01-04T17:32:40Z")
The USA more or less ruled Haiti as an unofficial colony for years, and afaik no special congressional resolution backed this, let alone an official declaration of war. ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [January 4, 2026, 6:25pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/18 "2026-01-04T18:25:59Z")
> [@md-2000](#): > > So the obvious follow-up is - what happens after 60 days if the government fails to remove its troops from a “non” war? What would congress do? If there was an armed conflict (“hostilities” in war powers lingo) and the President failed to comply with the war powers resolution, that would be a violation of US federal law. Legally, there are co-equal branches of Gov’t. Congress could use their powers. The big ones would be cutting off funding for the military operations and impeachment (and declare the war). Further, the Courts could use their powers to stop it. Since the operation is a violation of law, they could enjoin/stop the operations. Politically, this never happens. Congress and the Judiciary always decline to use their power and just cede to the Executive. This is done via fig leaves: Congress accept Presidents explanation that this isn’t really “hostilities” so war powers resolution does not apply so not a violation of law. And the Judiciary will decline to get involved saying this is all a political question between Congress/Executive and should not involve the Judiciary. > [@f.coli](#): > > A declaration of war obligates the nation declaring it to observe the Geneva Convention, which many bellicose countries consider inconvenient. A “police action” gives them more freedom of action.\*\* Pretty much, except more extensive than just the Geneva Conventions. A declaration of war makes all the above fig leaves disappear. It’s a signed confession. The GC always apply, but they are harder to prove without a declaration of war. From a criminal prosecutor’s prospective, which is a big reason why declarations of war are not done anymore, it is handing the prosecutor a huge part of their case gift wrapped in a giant bow. For the GC to apply a prosecutor needs to prove Country A is in an international armed conflict with Country B. It’s a difficult thing to prove - what is the “tipping point” from non-war to war as mentioned by OP. This must be proven, and if you can’t prove there is an armed conflict, the Geneva Conventions do not apply and the ICC/Global Jurisdiction Countries, etc. cannot try anyone. So no country declares war anymore to limit criminal exposure. There was no “criminal” exposure prior to WWII. When the war was over, it was over. Even if you are not in an armed conflict does not mean you are not violating any law. You definitely are. Just not the GC. But all laws need to be enforced. So it just means you are less exposed globally (_who actually would have jurisdiction to go after you for GC violations_), and just daring US domestic law to get you. As discussed above, Congress and the Judiciary have historically declined to do anything even though they have the power to do it. Late: To be clear, Congress can formally declare a war _after_ the President starts one. This is what I thought the OP might be getting at. It would trigger all kinds of statutes to hold the President accountable and do away with all the fig leaves. The fact Congress does not do this, is political as discussed above. It’s basically calling BS on the police action nonsense. ---
**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\ **Post date:** [January 4, 2026, 7:28pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/19 "2026-01-04T19:28:38Z")
> [@CoolHandCox](#): > > If there was an armed conflict (“hostilities” in war powers lingo) and the President failed to comply with the war powers resolution, that would be a violation of US federal law. Would that even apply to the sort of surgical strike, over and done with operations like the interventions in Venezuela (and previously, Panama)? ---
**Author:** ![Ancient\_Nerd](https://avatars.discourse-cdn.com/v4/letter/a/ed655f/32.png) [@Ancient\_Nerd](https://boards.straightdope.com/u/Ancient_Nerd)\ **Post date:** [January 4, 2026, 7:41pm UTC](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312/20 "2026-01-04T19:41:30Z")
> [@Lumpy](#): > > over and done Is this really going to be over and done? We could see insurgencies going on for years. [Next page](https://boards.straightdope.com/t/in-the-u-s-when-do-attacks-on-another-country-become-a-war-that-has-to-be-officially-declared-by-congress/1026312.md?page=2)