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Extra resources for The Law of War (LSE Monographs in International Studies)
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E. David, Mercenaires et volontaires international en droit des gens, Brussels, 1977, 370. Robb v. United States (1972) 456 F 2nd 768. Hammond v. , (1971) La. App. 243, SO. 2nd 902. The Court might have been influenced also by the fact that there had been no accident in action: the deceased had been killed by a fire on his ship started by carelessness by his own crew. , Western Reserve Life Insurance Co. v. Meadown (1953), 20 ILR 578. 16 GENERAL PRINCIPLES But in cases turning on military discipline the attitude of Courts has been different.
Article 21. Article under the initials D. , Professor at the Law Faculties of Paris, in Figaro, 18 May 1999. Note that under article 50 of the Constitution of Year VIII, in 1799, declarations of war had to be promulgated as laws, that is to say with approval of the Legislative Assembly. It was for a violation of this article that Napoleon was impeached by the Senate on 3 April 1814, ibid. e. the monarch, to declare war. The Constitution of 1848 specified that the head of the Republic was in charge of the defence of the State but that he could not declare war without the consent of the Legislative Assembly; the Constitution of 1875 adopted the same formula, adding the need for the consent of both chambers of the Assembly, ibid.
2, B vii. Below, Ch. 11, B. Article 35. 3 8 4 0 41 T H E C O N C E P T O F WAR 9 Under the French Constitution it is the President who is the head of the armed forces and it is the government which 'disposes' of these forces; 42 furthermore, it is the Prime Minister who is solely responsible for national defence. 43 It was suggested that it is not possible to be responsible for the armed forces without being head of the armed forces and, in turn, that it is not possible to be head of the armed forces, responsible for national defence, without being competent to declare w a r .