A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.United States. War Department
History
A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.
United States. War Department
Military law -- United States; United States. Army -- Regulations
§ 87. The law of war is in full action during an armistice except only,
as to fighting and hostile changes of the front; or if the armistice is
a general one, as to the sending hostile expeditions to distant places.
§ 88. Armistices are binding for the belligerent governments from the
day of the agreed commencement; but the officers of the armies are
responsible from the day only when they receive official information of
the conclusion of the armistice. If any injury results to one or the
other party from this difference, which cannot be avoided in war, it
belongs to the province of the belligerent governments to seek redress,
and to provide for the remedy. Military officers having thus done the
injury cannot be made responsible for the same in any way, nor do these
injuries amount to cases requiring retaliation.
§ 89. Commanding officers have the right to conclude armistices
extending to the district over which their command extends, but such
armistice is subject to the ratification of the superior authority, and
ceases so soon as it is made known that the armistice is not ratified,
even if a certain time for the elapsing between giving notice of
cessation and the resumption of hostilities should have been stipulated
for.
§ 90. It is incumbent upon the contracting parties of an armistice, to
stipulate what intercourse of persons or traffic between the inhabitants
of the territories occupied by the hostile armies shall be allowed, if
any.
If nothing is stipulated the intercourse remains suspended as during
actual hostilities.
An armistice is not a partial or a temporary peace; it is only the
suspension of attack or actual injury.
§ 91. When an armistice is concluded between a fortified place and the
army besieging it, it is agreed by all the authorities on this subject,
that the besieger must cease all extension, perfection, or advance of
his attacking works as much so as from the attacks by main force.
But there is a difference of opinion among the martial jurists, whether
the besieged have the right to repair breaches or to erect new works of
defence within the place during an armistice.
[It is therefore declared by the United States, that they neither claim
for themselves, nor allow to their enemies, the right of the besieged to
repair breeches or to erect new works of defence during an armistice,
unless the contrary be distinctly stipulated in the agreement concluding
the armistice.]
The United States expect every American officer to stipulate distinctly
for the one or the other, in an armistice which he may conclude with the
enemy.
§ 92. So soon as a capitulation is signed, the capitulator has no right
to demolish, destroy, or injure the works, arms, stores, or ammunition,
in his possession, during the time which elapses between the signing and
the execution of the capitulation, unless otherwise stipulated in the
same.
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