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
§ 238. In case the contrary is not stipulated, an armistice commences
the very moment the agreement upon it is complete. But often the parties
stipulate in the agreement the time from which the armistice shall
begin. If this is done in so detailed a manner that the very hour of the
commencement is mentioned, no cause for controversy is given. But
sometimes the parties fix only the date by stipulating that the
armistice shall last from one certain day to another, _e.g._ from June
15 to July 15. In such case the actual commencement is controversial.
Most publicists maintain that in such case the armistice begins at 12
o'clock of the night between the 14th and the 15th of June, but Grotius
(III. c. 21, § 4) maintains that it begins at 12 o'clock of the night
between the 15th and the 16th of June.[459] Therefore, to avoid
difficulties, agreements concerning armistices ought always to stipulate
whether the first day is to be included in the armistice. Be that as it
may, when the forces included in an armistice are dispersed over a very
large area, the parties very often stipulate different dates of
commencement for the different parts of the front, because it is not
possible to announce the armistice at once to all the forces included.
Thus, for instance, article 1 of the general armistice at the end of the
Franco-German War[460] stipulated its immediate commencement for the
forces in and around Paris, but that with regard to the other forces its
commencement should be delayed three days. Article 38 of the Hague
Regulations enacts that an armistice must be notified officially and in
good time to the competent authorities and the troops, and that
hostilities are suspended immediately after the ratification or at a
fixed date, as the case may be.
[Footnote 459: See Pradier-Fodéré, VII. No. 2897. The controversy occurs
again with regard to the end of an armistice; see below, § 240.]
[Footnote 460: Martens, _N.R.G._ XIX. p. 626.]
It sometimes happens that hostilities are carried on after the
commencement of an armistice by forces which did not know of its
commencement. In such cases the _status quo_ at the date of the
commencement of armistice has to be re-established so far as possible,
prisoners made and enemy vessels seized being liberated, capitulations
annulled, places occupied evacuated, and the like; but the parties may,
of course, stipulate the contrary.
[Sidenote: Violation of Armistices.]
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