If you're at war then declare war. You get sweeping powers to deal with existential threats. Go ahead and declare your country is at war. Is it?
If you declare war without there being a bona fide casus belli, you'll be whisked out of power so fast your head will spin. See e.g. https://en.wikipedia.org/wiki/2024_South_Korean_martial_law_...
If you don't declare war, you don't get those emergency powers. You only get peacetime powers.
Russia loves to go right up to the line, and then cross it a little bit, just to antagonise you. But unless you're willing to be the instigator of WW3, you'll stick to peacetime powers and peacetime courts with peacetime standards of evidence
But what if the other side - Russia - does wartime tactics without having formally declared war with NATO? Why do they get to keep this privilege?
No declarations of War has been needed for decades, internationally you only get disadvantages from doing that. Russia hasn't declared war to Ukraine, neither has Ukraine to Russia, so what.
>But unless you're willing to be the instigator of WW3, you'll stick to peacetime powers and peacetime courts with peacetime standards of evidence
Clearly this will need to change somewhat, if the other side wants to engage in hybrid war tactics. Nothing new, Cold War was a thing.