ABSTRACT
THE POWER to declare war on a foreign state is the prerogative of the throne, under the broad provision of Article XIII of the Constitution, which states that, “the emperor declares war, makes peace, and concludes treaties.” As his prerogative over treaty-making, the emperor’s war-making power under the Constitution is absolute and exclusive, requiring participation by no other organs of the state. The act of declaration of war involves two distinct aspects: (1) determination of the will of the state to commence war, and (2) manifestation of the will so determined. This act of manifestation may in turn be further divided Into two separate acts: one directed towards the enemy, and the other directed towards the nationals.
