Legal Definitions - bellum

Bellum is a Latin term that translates directly to "war." In a legal and international relations context, it refers to a state of armed conflict between states or other organized groups. This condition is characterized by widespread violence, destruction, and the systematic application of military force. It encompasses not only formally declared wars but also prolonged armed hostilities that meet the criteria for an armed conflict under international law.

• Example 1: Formal Declaration of Hostilities

  Following a series of unresolved border disputes and economic sanctions, two sovereign nations officially announced their entry into a state of armed conflict, mobilizing their respective militaries and initiating large-scale combat operations. This formal declaration and the subsequent military actions clearly established a state of bellum between the two countries, triggering various international legal obligations and rights.

  This example illustrates bellum as a formally recognized and declared state of armed conflict between sovereign states, involving official government actions and organized military engagement.

• Example 2: Protracted Undeclared Conflict

  For more than a decade, a well-organized insurgent group has been engaged in sustained, large-scale armed confrontations with the national army of a particular country, controlling significant portions of territory and operating with a clear command structure. Although neither side has issued a formal declaration of war, the continuous and intense nature of the fighting is recognized internationally as a state of bellum, necessitating adherence to the laws of armed conflict by all parties involved.

  This example demonstrates that bellum is not limited to formally declared wars but also includes prolonged, organized armed conflicts between state and non-state actors, where the intensity and organization meet the threshold for an armed conflict under international humanitarian law.

• Example 3: Legal Framework for Conflict

  When international legal scholars discuss the principles governing the use of force, they often refer to jus ad bellum (the law concerning the resort to war) and jus in bello (the law applicable in war). These concepts analyze the conditions under which a state may lawfully initiate armed force and the rules of conduct that must be observed once a state of bellum exists, such as the protection of non-combatants and the treatment of prisoners.

  This example highlights how bellum serves as a foundational concept within international law, forming the basis for entire branches of legal inquiry concerning the legality of using force and the conduct of hostilities during armed conflicts.