War: What can the state order and what rights do you have?

What is war from a legal point of view

In legal terminology, war is understood as an armed conflict between states or other subjects of international law that reaches a certain intensity and is waged by organized armed forces. However, not all conflicts are automatically “war” – international law distinguishes between international and national armed conflicts, insurgencies or police action.

In the traditional understanding, war was often formally declared, but today the de facto state of armed conflict arises without a declaration. The Geneva Conventions and their amendments protect persons in conflict from the moment fighting actually begins, not from the moment the conflict is declared a war.

In terms of Czech law, the concept of war is linked in particular to the Constitutional Act on the Security of the Czech Republic, which distinguishes between a state of war, a state of national emergency and a state of emergency.

A state of war is the most serious state of emergency that the Czech Republic can declare. It is declared by the Parliament on the proposal of the Government, and only in the event of an attack on the Czech Republic or if it is necessary to fulfil allied obligations in the framework of collective defence. The declaration of a state of war allows the state to mobilise, manage the economy, restrict selected rights of citizens and take the necessary steps to defend the country. Martial law provides the legal framework for the conduct of defence operations and the functioning of the state under conditions of armed conflict.

A state of emergency is declared when the sovereignty of the state, its territorial integrity or its democratic foundations are under imminent threat, but an armed attack has not yet taken place. It shall be declared by Parliament on the proposal of the Government.

A state of emergency is a state of crisis declared by the government, not by Parliament. It is declared in situations where there is a significant threat to life, health, property or internal order and where the scale of the threat cannot be contained by standard means of government administration.

At the same time, even in times of war, the state must comply with international humanitarian law, in particular the protection of civilians, the prohibition of torture, indiscriminate attacks or the use of prohibited weapons.

What can the state order you to do in time of war?

A declaration of martial law does not automatically mean chaos. The law determines what obligations the state has, what obligations citizens have, and what fundamental rights remain intact.

Conscription

It is the basic duty of a citizen to participate in the defence of the state. The mere fact that it exists, however, does not automatically mean conscription into the army. It is a legal framework that allows the State, in the event of a state of war or national emergency , to summon citizens to a conscription procedure where health and personal fitness are assessed or to authorise them to perform extraordinary service, which may be military service or service in another State-designated establishment (e.g. logistics centre, medical facilities, civil defence).

Conscription applies to all citizens of the Czech Republic, typically between the ages of 18 and 60 (the detailed scope is determined by law), but the details depend on the specific situation. The state has a duty to act reasonably, professionally and with regard to the health of the persons concerned.

Provision of in-kind resources

In emergency situations, the state may temporarily use the property of citizens or companies if necessary for the defence of the state. This obligation includes, for example, the provision of vehicles (cars, trucks), the use of buildings or land or the use of equipment or supplies.

Two principles apply to the normal provision of material resources : the item is returned when the reason for its use ceases to exist and the owner is entitled to compensation, either for the provision of the item or for the property damage caused to it. This regime is based on temporariness.

In addition, however, the same law also allows for expropriation in summary proceedings in the event of a state of national emergency or a state of war. In such a situation, the property is not returned but is permanently taken away for compensation. Therefore, it cannot be argued as a blanket statement that the property must always be returned or that it is never a permanent deprivation of property.

It is therefore not a confiscation of property but a temporary restriction on its use for the benefit of the defence of the State.

Duty to work

“The labour obligation is an extraordinary measure that may be imposed in a state of crisis (e.g. state of emergency, state of national emergency or state of danger) and, in connection with the maintenance of national defence, also in a state of national emergency or state of war. The purpose is to ensure that critical services and infrastructure are kept operational. It may involve medical personnel, technicians or energy workers, transport drivers, supply chain workers or persons with expertise that is irreplaceable in times of crisis.

A work obligation may involve an obligation to take up a designated job, restrictions on immediate termination of employment, or transfer to another position if required by national defence.

Again, the State must act reasonably and always guarantee compensation for wages or remuneration.

What are you entitled to in your wars?

Even in times of war, the right to life, the prohibition of torture or the prohibition of slavery cannot be derogated from.

The state has a duty to ensure the basic functioning of public services, the provision of information to the population and the protection of civilians. In the event of attacks, it must carry out evacuations, provide humanitarian aid and respect the rules of engagement.

There are special regimes for employees, businesses and families (always different ad hoc measures linked to specific crisis measures) – e.g. different benefits, deferred payments, protection periods or entitlement to compensation for damage caused by crisis measures.

Hybrid warfare as a modern type of conflict

The term hybrid warfare has become a common part of security terminology in the last decade. The Czech legal order does not yet define it, but the European Union, NATO and the literature describe it as a combination of military, non-military and covert instruments aimed at undermining the stability of the state. It can include:

• cyber attacks on state infrastructure,
• massive disinformation campaigns,
• political and economic pressure,
• intelligence operations,
• support for extremist groups.

This is why hybrid warfare is difficult to deal with in traditional legal categories. There is no ‘front’, there is no moment of declaration, and the aggressor often denies its involvement. Yet a hybrid conflict can cause as much damage as a conventional armed attack.

Hybrid warfare thus creates a ‘grey zone’ in which it is necessary to examine whether the intensity of the attack and its effects rise to the level of an armed attack under Article 51 of the UN Charter. If so, a cyber-attack may also trigger the right of self-defence.

Hybrid warfare is specific in that it often takes place outside the traditional battlefield. It is not just about tanks and soldiers, but about attacks on computer networks, the dissemination of false information or covert intelligence operations. Therefore, legal systems have to respond to it with a combination of different legal instruments – none of which is sufficient on its own.

The first instrument is the Cybersecurity Act. This law imposes obligations on operators of critical and important information infrastructure (e.g. hospitals, energy companies or state authorities). It responds in particular to cyber-attacks, which are one of the main tools of hybrid warfare. It allows for ordering security measures, coordinating defence against attacks, ordering incident reporting or involving the National Cyber and Information Security Bureau (NCISB) in active defence.

Hybrid warfare often involves covert operations, infiltration, influencing populations, or destroying infrastructure. Criminal law responds to this area. The Criminal Code regulates, among other things, espionage (unauthorized transmission of classified information to a foreign power), sabotage (acts aimed at undermining the defenses or important functions of the state), terrorism (violent attacks or threats to intimidate the population or influence state decision-making), and support and promotion of terrorism or hostile power.

Because hybrid warfare often crosses national borders, international law also applies. The UN Charter, which prohibits the use of force, international humanitarian law (Geneva Conventions) when a hybrid attack rises to the level of armed conflict, and the Tallinn Manual, a technical document that interprets how the rules of the law of war and humanitarian law apply to cyberspace, all play important roles.

The Tallinn Manual explains, for example, when a cyber-attack is considered a “use of force”, when a state can exercise the right of self-defence, how civilian and military targets are assessed in cyberspace, or what principles (proportionality, discrimination) apply to cyber-attacks. Although the Tallinn Manual is not legally binding, it is a globally respected interpretation of expert rules.

This framework helps protect the state and citizens from attacks on infrastructure that can paralyse services or cause widespread damage.

How war is dealt with in international law

International law restricts war as a means of dispute resolution very strictly. The basic document is the UN Charter, which prohibits the use of force in international relations. There are only two exceptions:

1. The right of self-defense in the event of an armed attack.
2. The decision of the UN Security Council, which can authorize the use of force to maintain or restore international peace.

Once an armed conflict begins, international humanitarian law, consisting mainly of the Geneva Conventions and the Hague Rules, applies. These govern the protection of civilians and civilian objects, the treatment of prisoners of war, the prohibition of certain weapons (chemical, biological, some mines or cluster munitions) and the rules of engagement (principle of proportionality, prohibition of attacks without military necessity).

War is also subject to the principles of criminal sanction; the International Criminal Court can thus prosecute war crimes, crimes against humanity or genocide.

Hybrid warfare does not circumvent these rules; cyber-attacks can also be treated as a use of force if they cause damage comparable to a physical attack.

Summary

Under Czech and international law, war is a legally defined state of armed conflict that fundamentally alters the functioning of the state and the scope of its powers; in the Czech Republic, a state of war, a state of national emergency or a state of emergency may be declared under the Constitutional Security Act. However, modern conflicts often take place as hybrid warfare, i.e. a combination of cyber-attacks, disinformation, covert operations or economic pressure, to which legal orders respond with cyber law, criminal law, crisis laws and international rules, including the Tallinn Manual. In times of war, the state has the right to impose certain obligations on citizens, in particular conscription, the provision of material resources and the obligation to work, always with compensation and taking into account health or personal circumstances. At the same time, however, it must respect international humanitarian law, protect civilians, provide public services, provide assistance and guarantee inviolable fundamental rights. International law strictly limits the use of force, allowing it only in self-defence or by decision of the UN Security Council, and any violation may be punished as a war crime. Hybrid and conventional attacks thus have clear legal limits, and both state and citizens have precise obligations and protections in extraordinary circumstances.