On War, Peace and Armed Conflicts

Abstract

In general, the relationship between rule and conduct is dominated by the concept of linear causality: the legal rule causes effect in social practice. The case study on Article 96 of the Dutch Constitution (democratic procedures for the war declaration) and Article 102 of the Dutch Penal Code (the offence: aiding the enemy in war time) makes clear that this concept is too simplistic for the complex processes that took place. The clear dividing point between war and peace — i.e., the war declaration that initiates the legal state of war — no longer exists, since a third category —'armed conflicts' — that was 'constituted' in social practice and is positioned 'somewhere' between peace and war. Exact demarcation for this category is problematic. This phenomenon has far-reaching consequences for the meaning of the Articles, mentioned above.