Jump to Content Jump to Main Navigation
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

State of War

Momchil Milanov

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
June 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Constitutions and international law — Rule of law — Judicial review of executive action — Detention — International law — War — National emergency — State of emergency

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 ‘State of war’ (or ‘state of siege’, the two concepts can be used interchangeably) is a particular subcategory of the more general concept of ‘state of emergency’ (history and concepts of emergency; types and effects of emergency). The two may be seen as ‘distinct albeit contiguous legal regimes’ (Cercel 202). It denotes primarily the legal condition to which the entire—or in some cases part of the—state is placed in response to an—actual or imminent—threat against sovereignty, independence, or territorial integrity. This legal condition is anticipated by the...
Users without a subscription are not able to see the full content. Please subscribe, or log in via the Sign in panel on the left of this screen to access all subscribed content.