Debellatio
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The term or "debellation" (
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
'defeating, or the act of conquering or subduing', literally, 'warring (the enemy) down', from Latin 'war') designates the end of war caused by complete destruction of a hostile
state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
. Israeli law-school professor Eyal Benvenisti defines it as "a situation in which a party to a conflict has been totally defeated in war, its national institutions have disintegrated, and none of its allies continue to challenge the enemy militarily on its behalf."


Examples


Carthage

In some cases debellation ends with a complete dissolution and
annexation Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held t ...
of the defeated state into the victor's national territory, as happened at the end of the
Third Punic War The Third Punic War (149–146 BC) was the third and last of the Punic Wars fought between Carthage and Rome. The war was fought entirely within Carthaginian territory, in what is now northern Tunisia. When the Second Punic War ended in 20 ...
with the defeat of
Carthage Carthage was an ancient city in Northern Africa, on the eastern side of the Lake of Tunis in what is now Tunisia. Carthage was one of the most important trading hubs of the Ancient Mediterranean and one of the most affluent cities of the classic ...
by
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
in the 2nd century BC.


Nazi Germany

The unconditional surrender of
Nazi Germany Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
, in the strict sense only the German Armed Forces, at the end of
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
was at the time accepted by most authorities as a case of debellatio as: * There was a complete dissolution of the
German Reich German ''Reich'' (, from ) was the constitutional name for the German nation state that existed from 1871 to 1945. The ''Reich'' became understood as deriving its authority and sovereignty entirely from a continuing unitary German ''Volk'' ("na ...
,Eyal Benvenisti, ''The international law of occupation'', Princeton University Press, 2004,
pp. 92–95
/ref> including all offices. * The
Allied Control Council The Allied Control Council (ACC) or Allied Control Authority (), also referred to as the Four Powers (), was the governing body of the Allies of World War II, Allied Allied-occupied Germany, occupation zones in Germany (1945–1949/1991) and Al ...
held sovereignty over the territory of Germany. * Much of the territory of the German Reich was annexed (see former eastern territories of Germany) * No unitary German state remained, the German Reich being succeeded by the Federal Republic of Germany and the
German Democratic Republic East Germany, officially known as the German Democratic Republic (GDR), was a country in Central Europe from Foundation of East Germany, its formation on 7 October 1949 until German reunification, its reunification with West Germany (FRG) on ...
. Other authorities, supported in the judgements of the German Federal Constitutional Court, have argued that a German state remained in existence from 1945 to 1949, albeit dormant and without any institutional or organisational component, on the basis that: * Most of the territory that made up
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
before the
Anschluss The (, or , ), also known as the (, ), was the annexation of the Federal State of Austria into Nazi Germany on 12 March 1938. The idea of an (a united Austria and Germany that would form a "German Question, Greater Germany") arose after t ...
was not annexed. * A German population still existed and was recognised as having German nationality. * German institutions such as courts never ceased to exist even though the Allied Control Council governed the territory. * Eventually, a German government regained full sovereignty over all German territory that had not been annexed (see
German reunification German reunification () was the process of re-establishing Germany as a single sovereign state, which began on 9 November 1989 and culminated on 3 October 1990 with the dissolution of the East Germany, German Democratic Republic and the int ...
). * The Federal Republic of Germany sees itself as the legal continuation of the German Reich. The official position of the Allied-occupied government as well all subsequent German governments since has been and remains that the Nazi regime was "illegal"; with laws and verdicts imposed during the Third Reich regularly being declared facially invalid. The Allies did not consider the German people and the Nazis indistinguishable, rather the opposite. Following the surrender, the Nazi party was and remains to this day outlawed; various restrictions were imposed on former Nazi party members including bans on running for or holding public office, though these laws were later scaled back. Following the end of the Allied occupation, West Germany assumed a certain degree of responsibility for the atrocities committed by Nazi Germany and agreed to make major reparation payments to its victims.


Others

*
Republic of Venice The Republic of Venice, officially the Most Serene Republic of Venice and traditionally known as La Serenissima, was a sovereign state and Maritime republics, maritime republic with its capital in Venice. Founded, according to tradition, in 697 ...
*
Papal States The Papal States ( ; ; ), officially the State of the Church, were a conglomeration of territories on the Italian peninsula under the direct sovereign rule of the pope from 756 to 1870. They were among the major states of Italy from the 8th c ...
* Austria-Hungary (see
Treaty of Trianon The Treaty of Trianon (; ; ; ), often referred to in Hungary as the Peace Dictate of Trianon or Dictate of Trianon, was prepared at the Paris Peace Conference (1919–1920), Paris Peace Conference. It was signed on the one side by Hungary ...
and Treaty of Saint Germain) *
South Vietnam South Vietnam, officially the Republic of Vietnam (RVN; , VNCH), was a country in Southeast Asia that existed from 1955 to 1975. It first garnered Diplomatic recognition, international recognition in 1949 as the State of Vietnam within the ...


See also

*
Disarmed Enemy Forces Disarmed Enemy Forces (DEF, less commonly, Surrendered Enemy Forces) is a US designation for soldiers who surrender to an adversary after hostilities end, and for those POWs who had already surrendered and were held in camps in occupied German ...
* Laws of war * Legal status of Germany *
Total war Total war is a type of warfare that includes any and all (including civilian-associated) resources and infrastructure as legitimate military targets, mobilises all of the resources of society to fight the war, and gives priority to warfare ov ...
* War termination


References


Further reading

* * * * ICRC
Commentary on Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
' ( Protocol I), 8 June 1977. Commenting on the term "The general close of military operations" in Article 3.b of Protocol I the ICRC states in their commentary in footnote 5 "Some of the literature refers to this situation ['The general close of military operations' when the occupation of the whole territory of a Party is completed, accompanied by the effective cessation of all hostilities, without the necessity of a legal instrument of any kind] as 'debellatio', but this is a narrower interpretation of the term than other publicists ascribe to it. On the concept of 'debellatio' and the various definitions of this term, cf. K.U. Meyn, 'Debellatio', in R. Bernhardt (ed.) 'Encyclopaedia of Public International Law'' Instalment 3, p. 145;" * * *


External links

* {{wiktionary-inline, debellation International law Law of war Latin legal terminology Latin political words and phrases