I know based on North Korea’s rhetoric that they consider they are At War with us. The below article had some interesting information for me at the very end.
The Korean War
There’s a final wrinkle to all of this: Some experts say that Trump could circumvent the need for Congress to declare war against North Korea, because the United States is already at war with North Korea.
The Korean War (1950-3) ended with an armistice, but the two parties never signed the peace treaty scheduled in Geneva in 1954 formally ending the war.
“In the absence of some new legal instrument that makes fighting the war improper, you can say that the president has whatever authority he had before,” said Saikrishna Prakash, a law professor at the University of Virginia.
But there’s a caveat to that, too. Congress approved funding to fight the Korean War, but never formally declared war. That was done by the United Nations.
- via PolitiFact http://ma5.us/2wAo3v7