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
§ 260. The normal condition between two States being peace, war can
never be more than a temporary condition; whatever may have been the
cause or causes of a war, the latter cannot possibly last for ever. For
either the purpose of war will be realised and one belligerent will be
overpowered by the other, or both will sooner or later be so exhausted
by their exertions that they will desist from the struggle. Nevertheless
wars may last for many years, although of late European wars have
gradually become shorter. The shortening of European wars in recent
times has resulted from several causes, the more important of which
are:--conscription, the foundation of the armies of all the great
European Powers, Great Britain excepted; the net of railways which
extends over all European countries, and which enables a much quicker
transport of troops on enemy territory; and lastly, the vast numbers of
the opposing forces which usually hasten a decisive battle.
[Sidenote: Three Modes of Termination of War.]
§ 261. Be that as it may, a war may be terminated in three different
ways. Belligerents may, first, abstain from further acts of war and
glide into peaceful relations without expressly making peace through a
special treaty. Or, secondly, belligerents may formally establish the
condition of peace through a special treaty of peace. Or, thirdly, a
belligerent may end the war through subjugation of his adversary.[494]
[Footnote 494: That a civil war may come to an end through simple
cessation of hostilities or through a treaty of peace need hardly be
mentioned. But it is of importance to state the fact that there is a
difference between civil war and other war concerning the third mode of
ending war, namely subjugation. For to terminate a civil war, conquest
_and_ annexation, which together make subjugation, is unnecessary (see
below, § 264), but conquest alone is sufficient.]
II
SIMPLE CESSATION OF HOSTILITIES
Hall, § 203--Phillimore, III. § 511--Halleck, II. p. 468--Taylor,
§ 584--Bluntschli, § 700--Heffter, § 177--Kirchenheim in
Holtzendorff, IV. p. 793--Ullmann, § 198--Bonfils, No.
1693--Despagnet, No. 605--Rivier, II. pp. 435-436--Calvo, V. §
3116--Fiore, III. No. 1693--Martens, II. § 128--Longuet, §
155--Mérignhac, p. 323--Pillet, p. 370.
[Sidenote: Exceptional Occurrence of simple Cessation of Hostilities.]
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