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
It is of importance to note that, for particular reasons, small parts of
the belligerent forces and small parts of the theatre of war may be
specially excluded without detracting from the general character of the
armistice, provided the bulk of the forces and the greater part of the
region of war are included. Thus, article 1 of the above-mentioned
general armistice at the end of the Franco-German war specially excluded
all military operations in the Départements du Doubs, du Jura, de la
Côte d'Or, and likewise the siege of Belfort. It should also be
mentioned that in the practice of belligerents the terms "suspension of
arms" and "general armistice" are sometimes not sufficiently
distinguished, but are interchangeable. Thus, for instance, the
above-mentioned general armistice between France and Germany is entitled
"Convention entre l'Allemagne et la France pour la suspension des
hostilités, ..." whereas the different articles of the Convention always
speak correctly of an armistice, and whereas, further, an annexe to the
Convention signed on January 29 is entitled[456] "Annexe à la Convention
d'armistice."
[Footnote 456: Martens, _N.R.G._ XIX. p. 636.]
[Sidenote: Partial Armistices.]
§ 234. Partial armistices are agreements for cessations of hostilities
which are not concluded by belligerents for their whole forces and the
whole region of war, but do not merely serve, like suspensions of arms,
momentary and local military purposes. They are armistices concluded by
belligerents for a considerable part of their forces and front; they are
always of political importance affecting the war in general; and they
are very often, although they need not be, agreed upon for political
purposes. Article 37 of the Hague Regulations apparently includes
partial armistices together with suspensions of arms under the term
"local" armistices. A partial armistice may be concluded for the
military or the naval forces only; for cessation of hostilities in the
colonies only; for cessation of hostilities between two of the
belligerents in case more than two are parties to the war, and the like.
But it is always a condition that a considerable part of the forces and
region of war must be included, and that the purpose is not only a
momentary one.
[Sidenote: Competence to conclude Armistices.]
§ 235. As regards the competence to conclude armistices, a distinction
is necessary between suspensions of arms and general and partial
armistices.
(1) Since the character and purpose of suspensions of arms are military,
local, and momentary only, every commander is supposed to be competent
to agree upon a suspension of arms, and no ratification on the part of
superior officers or other authorities is required. Even commanders of
the smallest opposing detachments may arrange a suspension of arms.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account