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
(2) On the other hand, since general armistices are of vital political
importance, only the belligerent Governments themselves or their
commanders-in-chief are competent to conclude them, and ratification,
whether specially stipulated or not, is necessary. Should a
commander-in-chief conclude a general armistice which would not find
ratification, hostilities may at once be recommenced without breach of
faith, it being a matter of common knowledge that a commander-in-chief
is not authorised to agree upon exclusion of ratification, unless he
received special powers thereto.
(3) Partial armistices may be concluded by the commanders-in-chief of
the respective forces, and ratification is not necessary, unless
specially stipulated; the commanders being responsible to their own
Governments in case they agree upon a partial armistice without being
specially authorised thereto.
[Sidenote: Form of Armistices.]
§ 236. No legal rule exists regarding the form of armistices, which may
therefore be concluded either orally or in writing. However, the
importance of general as well as partial armistices makes it advisable
to conclude them by signing written documents containing all items which
have been agreed upon. No instance is known of a general or partial
armistice of modern times concluded otherwise than in writing. But
suspensions of arms are often only orally concluded.
[Sidenote: Contents of Armistices.]
§ 237. That hostilities must cease is the obvious content of all kinds
of armistices. Usually, although not at all necessarily, the parties
embody special conditions in the agreement instituting an armistice. If
and so far as this has not been done, the import of armistices is for
some parts much controverted. Everybody agrees that belligerents during
an armistice may, outside the line where the forces face each other, do
everything and anything they like regarding defence and preparation of
offence; for instance, they may manufacture and import munitions and
guns, drill recruits, build fortresses, concentrate or withdraw troops.
But no unanimity exists regarding such acts as must be left undone or
may be done within the very line where the belligerent forces face each
other. The majority of writers, led by Vattel (III. § 245), maintain
that in the absence of special stipulations it is essentially implied in
an armistice that within such line no alteration of the _status quo_
shall take place which the other party, were it not for the armistice,
could by application of force, for instance by a cannonade or by some
other means, prevent from taking place. These writers consider it a
breach of faith for a belligerent to make such alterations under the
protection of the armistice. On the other hand, a small minority of
writers, but led by Grotius (III. c. 21, § 7) and Pufendorf (VIII. 7, §
7), assert that cessation of hostilities and of further advance only are
essentially implied in an armistice; all other acts, such as
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