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
§ 240. In case an armistice has been concluded for an indefinite period,
the parties having made no stipulations regarding notice to recommence
hostilities, notice may be given at any time, and hostilities
recommenced at once after notification. In most cases, however,
armistices are agreed upon for a definite period, and then they expire
with such period without special notice, unless notification has been
expressly stipulated. If, in case of an armistice for a definite period,
the exact hour of the termination has not been agreed upon, but only the
date, the armistice terminates at twelve o'clock midnight of such date.
In case an armistice has been arranged to last from one certain day to
another, _e.g._ from June 15 to July 15, it is again[463] controversial
whether July 15 is excluded or included. An armistice may, lastly, be
concluded under a resolutive condition, in which case the occurrence of
the condition brings the armistice to an end.
[Footnote 463: See above, § 238.]
CHAPTER VI
MEANS OF SECURING LEGITIMATE WARFARE
I
ON MEANS IN GENERAL OF SECURING LEGITIMATE WARFARE
Bonfils, Nos. 1014-1017--Spaight, p. 460--_Land Warfare_, §§
435-438.
[Sidenote: Legitimate and Illegitimate Warfare.]
§ 241. Since war is not a condition of anarchy and lawlessness,
International Law requires that belligerents shall comply with its rules
in carrying on their military and naval operations. So long and in so
far as belligerents do this, their warfare is legitimate; if they do not
comply with the rules, their warfare is illegitimate. Now, illegitimate
acts and omissions can be committed by belligerent Governments
themselves, by the commanders or members of their forces, and by their
subjects not belonging to the forces. Experience teaches that, on the
whole, omissions and the committal of illegitimate acts on the part of
individual soldiers are unavoidable during war, since the passions which
are aroused by and during war will always carry away some individuals.
But belligerents bear a vicarious responsibility for internationally
illegal acts of their soldiers, which turns into original responsibility
if they refuse to repair the wrong done by punishing the offenders and,
if necessary, indemnifying the sufferers.[464] Cases in which
belligerent Governments themselves commit illegitimate acts, as well as
cases in which they refuse to punish their soldiers for illegitimate
acts constitute international delinquencies.[465] Now, if in time of
peace an international delinquency is committed, the offended State can,
if the worst comes to the worst, make war against the offender to compel
adequate reparation.[466] But if an international delinquency is
committed during warfare itself, no means whatever exist of compelling
reparation.
[Footnote 464: See above, vol. I. §§ 149-150.]
[Footnote 465: See above, vol. I. § 151.]
[Footnote 466: See above, vol. I. § 156.]
[Sidenote: How Legitimate Warfare is on the whole secured.]
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