International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 232. Suspensions of arms, in contradistinction to armistices in the
narrower sense of the term, are such cessations of hostilities as are
agreed upon between large or small military or naval forces for a very
short time and regarding momentary and local military purposes only.
Such purposes may be--collection of the wounded; burial of the dead;
negotiation regarding surrender or evacuation of a defended place, or
regarding an armistice in the narrower sense of the term; but may also
be the creation of a possibility for a commander to ask for and receive
instructions from a superior authority,[454] and the like. Suspensions
of arms have nothing to do with political purposes, or with the war
generally, since they are of momentary and local importance only. They
concern exclusively those forces and that spot which are the object of
the suspension of arms. The Hague Regulations do not specially mention
suspensions of arms, since article 37 speaks of local armistices only,
apparently comprising suspensions of arms among local armistices.
[Footnote 454: An instructive example of a suspension of arms for such
purposes is furnished by the Convention between the German forces
besieging Belfort and the French forces holding this fortress during the
Franco-German War, signed on February 13, 1871; see Martens, _N.R.G._
XIX. p. 646.]
[Sidenote: General Armistices.]
§ 233. A general armistice is such a cessation of hostilities as, in
contradistinction to suspensions of arms with their momentary and local
military purposes, is agreed upon between belligerents for the whole of
their forces and the whole region of war. General armistices are always
conventions of vital political importance affecting the whole of the
war. They are as a rule, although not necessarily, concluded for a
political purpose. It may be that negotiations of peace have ripened so
far that the end of the war is in sight and that, therefore, military
operations appear superfluous; or that the forces of either belligerent
are exhausted and need rest; or that the belligerents have to face
domestic difficulties, the settlement of which is more pressing than the
continuation of the war; or any other political purpose. Thus article 2
of the general armistice agreed upon at the end of the Franco-German War
on January 28, 1871,[455] expressly declared the purpose of the
armistice to be the creation of the possibility for the French
Government to convoke a Parliamentary Assembly which could determine
whether or not the war was to be continued or what conditions of peace
should be accepted.
[Footnote 455: Martens, _N.R.G._ XIX. p. 626.]
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