International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 230. That capitulations must be scrupulously adhered to is an old
customary rule, now enacted by article 35 of the Hague Regulations. Any
act contrary to a capitulation would constitute an international
delinquency if ordered by the belligerent Government concerned, and a
war crime if committed without such order. Such violation may be met
with reprisals or punishment of the offenders as war criminals.
VI
ARMISTICES
Grotius, III. c. 21, §§ 1-13, c. 22, § 8--Pufendorf, VIII. c. 7,
§§ 3-12--Vattel, III. §§ 233-260--Hall, § 192--Lawrence, §
216--Westlake, p. 82--Phillimore, III. §§ 116-121--Halleck, II.
pp. 311-319--Moore, VII. § 1162--Taylor, §§ 513 and 516--Wheaton,
§§ 400-404--Bluntschli, §§ 688-699--Heffter, § 142--Lueder in
Holtzendorff, IV. pp. 531-544--Ullmann, § 186--Bonfils, Nos.
1248-1258--Despagnet, Nos. 563-566--Pradier-Fodéré, VII. Nos.
2889-2918--Rivier, II. pp. 362-368--Nys, III. pp. 518-520--Calvo,
IV. §§ 2433-2449--Fiore, III. Nos. 1484-1494, and Code, Nos.
1750-1763--Martens, II. § 127--Longuet, §§ 145-149--Mérignhac, pp.
230-239--Pillet, pp. 364-370--Zorn. pp. 201-206--Bordwell, p.
291--Meurer, II. §§ 43-44--Spaight, pp. 232-248--_Kriegsbrauch_,
pp. 41-44--Holland, _War_, Nos. 93-99--_Land Warfare_, §§ 256-300.
[Sidenote: Character and Kinds of Armistices.]
§ 231. Armistices or truces, in the wider sense of the term, are all
agreements between belligerent forces for a temporary cessation of
hostilities. They are in no wise to be compared with peace, and ought
not to be called temporary peace, because the condition of war remains
between the belligerents themselves, and between the belligerents and
neutrals on all points beyond the mere cessation of hostilities. In
spite of such cessation the right of visit and search over neutral
merchantmen therefore remains intact, as does likewise the right to
capture neutral vessels attempting to break a blockade, and the right to
seize contraband of war. However, although all armistices are
essentially alike in so far as they consist of cessation of hostilities,
three different kinds must be distinguished--namely, (1) suspensions of
arms, (2) general armistices, and (3) partial armistices.[453] It must
be emphasised that the Hague Regulations deal with armistices in
articles 36 to 41 very incompletely, so that the gaps need filling up
from old customary rules.
[Footnote 453: Although, as will be seen from the following sections,
this distinction is absolutely necessary, it is not made by several
publicists. Holland, _War_, No. 93, even says: "There is no difference
of meaning, according to British usage at least, between a 'truce,' an
'armistice,' and a 'suspension of arms.'" _Land Warfare_, § 256--see in
especial note (_a_)--accepts the distinction as indispensable.]
[Sidenote: Suspensions of Arms.]
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