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Sociologists and lawyers seeking a clear concept of war have sought criteria sharply separating it from peace. They have followed Hugo Grotius, who, criticizing Cicero’s definition of war as “a contending by force,” said that war is not a “contest but the condition of those contending by force,” a condition marked by precise points in time separating a “state of war” from a “state of peace.” According to this definition, war is an institution permitting types of behavior and action that are defined by law as inappropriate to a state of peace. This concept implies clear criteria for determining the beginning and the end of war and for distinguishing belligerents and neutrals during that period. As defined by jurists of the eighteenth and nineteenth centuries the main characteristic of a state of war is the juristic equality of the belligerents, their freedom to use armed force against one another, and the impartiality and abstention of neutrals. War in this sense has been defined as “a legal condition which equally permits two or more hostile groups to carry on a conflict by armed force” (Wright [1942] 1965, pp. 8, 698). Accordingly, it is clear that a state of war may exist with no actual hostilities, and, conversely, hostilities of considerable magnitude may exist without a state of war. War can be initiated by a formal declaration, by an ultimatum with a time limit, or by an act clearly manifesting an intention to create such a state. It is normally ended by a treaty of peace, although a long suspension of hostilities or an armistice providing for an indefinite suspension can also be regarded as manifesting an intention to end the war.


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