Artikel 96: Declaration of war
- A declaration that the Kingdom is in a state of war shall not be made without the prior approval of the States General.
- Such approval shall not be required in cases where consultation with Parliament proves to be impossible as a consequence of the actual existence of a state of war.
- The two Houses of the States General shall consider and decide upon the matter in joint session.
- The provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
The government may not declare war on the Kingdom without the prior consent of the States General. Proceedings in a joint session are prescribed to prevent one House from voting in favor of the declaration of war while the other does not.
This concerns a declaration of war because a war of aggression is prohibited under international law. According to the Charter of the United Nations, a state may only use armed force in cases of individual or collective self-defense.
The consent of the States General is not required when consultation with the States General is not possible due to a war already underway. The requirement of prior consent from the joint session also applies to the declaration that a war has ended.