Legal Question in Constitutional Law in California

Re: Formal Declaration of War

Only a sovereign state can declare war. In the United States, the power to do so rests with Congress.

Individuals cannot wage or declare war. Renouncing citizenship will not give an individual such power since it will not convert him into a sovereign state.

Since your hypothetical person cannot wage a war, any crimes he commits cannot qualify as war crimes. They would be ordinary crimes and would be prosecuted in the same courts as other crimes. Once your hypothetical warmonger is captured he would be a regular prisoner and not a prisoner of war, and would not be entitled to any of the privileges and protections which POWs enjoy (though he *would* be entitled to all the protections afforded to other non-military prisoners). He also would not be "released following the surrender"; if it worked that way, a person could declare war, commit violent crimes and then "surrender" as soon as he is captured, thereby avoiding any legal consequences for his actions.

Whther your bypothetical person could be executed depends upon what crimes he committed and in what jurisdiction. The death penalty is limited to cases of murder and treason, so he would be safe from execution if he committed some less serious crime. The same laws which apply to capital punishment in other cases would apply to his.

The bottom line is that this person's "declaration of war" would have no legal effect at all. His renunciation of citizenship might be effective, but non-citizens within the U.S. must still obey American laws and can be prosecuted just like anyone else when they commit crimes.