War

War in Europe

Definition of Contraband Of War

Such articles as may not be carried by a neutral to a belligerent, because they are calculated to be of direct service in carrying on war. (1)

There is more concepts of Contraband Of War in the law Dictionaries.

Meaning of Law: Related Philosophy of Law

There is an ethical element in war. It must not be regarded as an absolute ill, or as merely an external calamity which is accidentally based upon the passions of despotic individuals or nations, upon acts of injustice, and, in general, upon what ought not to be. The recognition of the finite, such as property and life, as accidental, is necessary. This necessity is at first wont to appear under the form of a force of nature, for all things finite are mortal and transient. In the ethical order, in the State, however, nature is robbed of its force, and the necessity is exalted to a work of freedom, to an ethical law.

The transient and negative nature of all things is transformed in the State into an expression of the ethical will. War, often painted by edifying speech as a state in which the vanity of temporal things is demonstrated, now becomes an element whereby the ideal character of the particular receives its right and reality. War has the deep meaning that by it the ethical health of the nations is preserved and their finite aims uprooted. And as the winds which sweep over the ocean prevent the decay that would result from its perpetual calm, so war protects the people from the corruption which an everlasting peace would bring upon it. History shows phases which illustrate how successful wars have checked internal unrest and have strengthened the entire stability of the State.

In peace, civic life becomes more extended, every sphere is hedged in and grows immobile, and at last all men stagnate, their particular nature becoming more and more hardened and ossified. Only in the unity of a body is health, and, where the organs become stiff, there is death. Eternal peace is often demanded as an ideal toward which mankind should move. Thus Kant proposed an alliance of princes, which should settle the controversies of States, and the Holy Alliance probably aspired to be an institution of this kind. The State, however, is individual, and in individuality negation is essentially contained. A number of States may constitute themselves into a family, but this confederation, as an individuality, must create an opposition and so beget an enemy. Not only do nations issue forth invigorated from their wars, but those nations torn by internal strife win peace at home as a result of war abroad.

War indeed causes insecurity in property, but this real insecurity is only a necessary commotion. From the pulpits much is preached concerning the insecurity, vanity, and instability of temporal things, and yet every one, though he may be touched by his own words, thinks that he, at least, will manage to hold on to his possessions. Let the insecurity finally come, in the form of Hussars with glistening sabres, and show its earnest activity, and that touching edification which foresaw all this now turns upon the enemy with curses. In spite of this, wars will break out whenever necessity demands them; but the seeds spring up anew, and speech is silenced before the grave repetitions of history.

The military class is the class of universality. The defense of the State is its privilege, and its duty is to realize the ideality contained in it, which consists in self-sacrifice. There are different kinds of bravery. The courage of the animal, or the robber, the bravery which arises from a sense of honor, the chivalrous bravery, are not yet the true forms of it. In civilized nations true bravery consists in the readiness to give oneself wholly to the service of the State, so that the individual counts but as one among many. Not personal valor, but the important aspect of it, lies in self-subordination to the universal cause.

To risk one’s life is indeed something more than mere fear of death, but this is only negative; only a positive character—an aim and content—gives meaning to bravery. Robbers and murderers in the pursuit of crime, adventurers in the search of their fanciful objects, etc., also possess courage, and do not fear death. The principle of the modern world—the power of thought and of the universal—has given to bravery a higher form; the higher form causes the expression of bravery to appear more mechanical. The brave deeds are not the deeds of any particular person, but those of the members of a whole. And, again, since hostility is directed, not against separate individuals, but against a hostile whole, personal valor appears as impersonal. This principle it is which has caused the invention of the gun; it is not a chance invention that has brought about the change of the mere personal form of bravery into the more abstract. (2)

War and danger of war in Sweden

In the Swedish Constitution: The Instrument of Government (SFS nr: 1974:152)

Chapter 13 of the Instrument of Government has the headline “War and danger of war”. Here is the content of Chapter 13:

  • Article 1 provides the following: If the Realm finds itself at war or is exposed to the danger of war, the Government or the Speaker shall convene the Riksdag in session. Whoever issues the notice convening the meeting may determine that the Riksdag shall convene at some place other than Stockholm.
  • Article 2 provides the following: If the Realm is at war or exposed to the danger of war, a War Delegation appointed from among the members of the Riksdag shall replace the Riksdag if circumstances so warrant. If the Realm is at war, the order instructing the War Delegation to replace the Riksdag shall be issued by the members of the Advisory Council on Foreign Affairs in accordance with more detailed rules laid down in the Riksdag Act. The Prime Minister shall be consulted, if possible, before the order is issued. If war conditions prevent the Council from convening, the order is issued by the Government. If the Realm is exposed to the danger of war, the aforementioned order is issued by the members of the Advisory Council on Foreign Affairs and the Prime Minister acting jointly. The issue of such an order requires the concurrence of the Prime Minister and six members of the Council in order to be valid. The War Delegation and the Government may determine, either jointly or severally, that the Riksdag shall resume its powers. Rules concerning the composition of the War Delegation are laid down in the Riksdag Act.
  • Article 3 provides the following: While the War Delegation is acting in place of the Riksdag, it exercises the powers otherwise vested in the Riksdag. It may not however take decisions under Article 12, paragraph one, point 1, or paragraph two or four. The War Delegation determines its own working procedures.
  • Article 4 provides the following: If the Realm is at war, and if, in consequence thereof, the Government is prevented from carrying out its duties, the Riksdag may decide on the formation of a Government and determine its working procedures.
  • Article 5 provides the following: If the Realm is at war, and if, in consequence thereof, neither the Riksdag nor the War Delegation is in a position to carry out its duties, the Government shall assume its powers to the extent it considers necessary to protect the Realm and bring hostilities to a close. The Government may not by virtue of paragraph one enact, amend, or abrogate a fundamental law, the Riksdag Act, or a law on elections for the Riksdag. (see more about the Constitution of Sweden here)
  • Article 6 provides the following: If the Realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from the war or the danger of war to which the Realm has been exposed, the Government may, with authority in law, adopt by means of a statutory instrument provisions in a particular matter which shall otherwise, under provisions of fundamental law, be laid down in an act of law. If necessary in any other case having regard to defence preparedness, the Government may, with authority in law, determine by means of a statutory instrument that any provisions laid down in law, which relate to requisition or other such disposition, shall be brought into force or cease to apply. In an act of law granting authority under paragraph one, the conditions under which such authority may be invoked shall be scrupulously defined. Such authority shall not empower the Government to enact, amend, or abrogate a fundamental law, the Riksdag Act or a law on elections for the Riksdag.
  • Article 7 provides the following: If the Realm is at war or exposed to the immediate danger of war, the provisions of Chapter 2, Article 12, paragraph three, shall not apply. The same is true in any other circumstances in which the War Delegation is acting in place of the Riksdag.
  • Article 8 provides the following: If the Realm is at war or exposed to the immediate danger of war, the Government may, with authority from the Riksdag, determine that a task which falls to the Government by virtue of fundamental law shall be performed by some other public authority. Such authority may not extend to any powers under Article 5 or 6, unless the matter relates solely to a decision that a law concerning a particular matter shall come into force.
  • Article 9 provides the following: The Government may conclude a ceasefire agreement without seeking the approval of the Riksdag and without consulting the Advisory Council on Foreign Affairs, if deferment of the agreement would imperil the Realm.
  • Article 10 provides the following: Neither the Riksdag nor the Government may make decisions in occupied territory. Nor may any powers vested in a person in his capacity as a member of the Riksdag or as a minister be exercised in such territory. It shall be incumbent upon any public body in occupied territory to act in the manner that best serves the defence effort and resistance activities, as well as the protection of the civilian population and Swedish interests at large. In no circumstances may a public body make any decision or take any action which, in contravention of international law, imposes on a citizen of the Realm the duty of rendering assistance to the occupying power. Elections for the Riksdag or for decision-making local government assemblies may not be held in occupied territory.
  • Article 11 provides the following: If the Realm is at war, the Head of State should accompany the Government. Should he find himself in occupied territory or separated from the Government, he shall be deemed to be precluded from carrying out his duties as Head of State.
  • Article 12 provides the following: If the Realm is at war, elections for the Riksdag may be held only if the Riksdag so determines. If the Realm is exposed to the danger of war when an ordinary election falls due to be held, the Riksdag may decide to defer the election. Such a decision shall be reviewed within one year and at intervals of no more than one year thereafter. Decisions under this paragraph are valid only if at least three fourths of the members of the Riksdag concur therein. If any part of the Realm is occupied when an election falls due to be held, the Riksdag shall approve any necessary modification of the rules laid down in Chapter 3. No exceptions may however be made from Chapter 3, Article 1, paragraph one; Article 2; Article 6, paragraph one; or Articles 7 to 11. Any reference to the Realm in Chapter 3, Article 6, paragraph one; Article 7, paragraph two; or Article 8, paragraph two, shall apply instead to that part of the Realm for which the election is to be held. At least one tenth of the total number of seats shall be adjustment seats. An ordinary election which is not held at the time prescribed, in consequence of paragraph one, shall be held as soon as possible after the war ends or the danger of war has passed. It shall be incumbent upon the Government and the Speaker, jointly or severally, to ensure that the necessary steps are taken. If, in consequence of this Article, an ordinary election has been held at a time other than the time at which it would normally have been held, the Riksdag shall set the date of the next ordinary election for that month in the fourth or fifth year following the first-named election in which an ordinary election is due to be held under the Riksdag Act.
  • Article 13 provides the following: If the Realm is at war or exposed to the danger of war, or if such exceptional conditions prevail as result from the war or the danger of war to which the Realm has been exposed, the decision- making powers of local authorities shall be exercised as laid down in law.
  • Resources

    Notes

    1. Definition of Contraband Of War is, temporally, from A Concise Law Dictionary (1927).
    2. Georg Wilhelm Friedrich Hegel, The Philosophy of Law (1832), translated by J. Loewenberg

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