ARMISTICES.

256a. Armistice defined.-An armistice is the cessation of active hostilities for a period agreed on between belligerents. It must be agreed upon in writing and duly ratified by the highest authorities of the contending parties.

1 G. O. 100, 1863, art. 135.

257. Effect of armistice.-H. R. Art XXXVI. An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

258. Nature of.-An armistice is not a partial or a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.1

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1 G. O. 100, 1863, art. 142. A treaty of peace, after signature, but before ratification, operates as a general armistice. It acts as an armistice if no separate armistice is concluded. Hall, Int. Law, 5th ed., 559.

259. When binding.—An armistice is binding upon the belligerents from the day of the agreed commencement, but the officers of the armies are responsible from the day only when they receive official information of its existence.1

1 G. O. 100, 1863, art. 139.

260. Importance of fixing time of.-In all armistices it is of the utmost importance that the exact moment for the commencement and for the termination of same shall be fixed in the terms thereof beyond any possibility of mistake or misconception.1

1 Hostile relations are too far-reaching in their results not to furnish cause for complaints, recriminations, and even reprisals in case of violations, or supposed violations, of the time for passing from the actual hostilities to peaceable relations or the reverse. In case of a short armistice, as for a few hours, no difficulty appears. If the term be for a designated number of days, questions arise as to whether the first or last day is inclusive or exclusive. In case an armistice is for an indefinite period, good faith requires that notice must be given of intention to resume hostilities.

A good example of an indefinite period in an armistice which was to terminate upon reasonable notice given by either party is that between Gen. Sherman and Gen. J. E. Johnston near Durham, N. C., in April, 1865. The armistice agreed upon was disapproved at Washington as containing political stipulations, whereupon Gen. Sherman was instructed to notify Gen. Johnston of the termination of the armistice and to resume hostilities "at the earliest moment, acting in good faith." Whereupon Sherman sent the following notice to Johnston :

"You will take notice that the truce or suspension of hostilities agreed to between us will cease in 48 hours after this is received in your lines, under the first of the articles of agreement." (Sherman's memoirs, pp. 346, 358, 367.)

261. What may be done during an armistice.-An armistice need not in terms prohibit actual hostilities.1 Anything else may be done during an armistice that is not in express terms prohibited by the agreement."

1 Actual hostilities will provide, of course, that firing shall cease; that the belligerents must not gain ground to the front; and, during siege operations, that the besieger must cease all extension, perfection, or advance of his attacking works, as much so as from attacks by main force." (G. O. 100, 1863, art. 142.)

2 In modern practice the principle has been followed that what is not expressly prohibited is allowed. The principle "that a belligerent must abstain from everything which the other could have prevented had there been no armistice,' is rejected by continental armies. (See Spaight, War Rights on Land, pp. 235-238; Ariga, p. 560; Les Lois, Jacomet, p. 90.

262. Form of armistice.-No special form for an armistice is prescribed. It should, whenever practicable, be reduced to writing, in order to avoid misunderstandings and for purposes of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness as to statements.1

1 For forms of armistice, see appendices, this section.

263. Kinds of armistice.-H. R. Art. XXXVII. An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.1

The following names have been applied to armistices, viz: general and local as in the text (the term special is used in G. O. 100, 1863, art. 137), truce, local truce, cessation of hostilities, cessation of arms, and suspension of arms. The continental writers still make use of the terms armistice and suspension of arms. As a matter of fact, there is no essential difference between truces, suspensions of arms, and armistices.

264. General armistice.-General armistices are of a combined political and military character. They usually precede the negotiations for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is concluded by the Governments concerned or by their commanders in chief, and are ratified in all cases. General armistices are frequently arranged by diplomatic representatives."

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1A general armistice may not apply to all of the forces in the field. The armistice executed in Paris on the 28th of January, 1871, which preceded the peace, was called a general armistice," and yet it excluded the Departments of Doubs, Jura, and Cote D'or and the town of Belfort.

2 The armistice at the close of the Franco-German War in 1870 was concluded between Count von Bismarck and Jules Favre, and the armistice which closed the Russo-Japanese War was concluded at Portsmouth, N. H., by diplomatic representatives. In the latter case the detailed conditions were settled by the military authorities in Manchuria.

265. Local armistice.—A local armistice suspends operations between certain portions of the belligerent forces, or within a designated district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war.1

1 G. O. 100, 1863, art. 137, par. 1: "An armistice may be general and valid for all points and lines of the belligerents; or special, that is, referring to certain troops or certain localities only."..

266. Suspension of arms. A suspension of arms is a form of armistice concluded between commanders of armies, or even of detachments, for some local military purpose: such as to bury the dead, to collect the wounded, to arrange for exchange of prisoners, to enable a commander to communicate with his Government or superior officer.1

1 The above distinction as stated is not absolutely essential, although Mr. Oppenheim still draws the distinction between the three forms mentioned in the above text (Land Warfare, pp. 56-57) But see Westlake, War, part 2, p. 92, and Spaight, War on Land, pp. 233-234. A suspension of arms was asked for by the governor of Manila of Admiral Dewey on Aug. 9, 1898, which would allow him to communicate with his Government and receive instructions.

267. Notification of armistice.-H.

R. Art. XXXVIII. An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after notification, or on the date fixed.1

1 Vide par. 259.

268. Intercourse in theater of operations.-H. R. Art. XXXIX. It rests with the contracting parties to settle, in the terms of the armistice, what intercourse may be held in the theater of war with and between the populations.1

1 This translation of the text is copied from that of Messrs. Westlake and Spaight, and is believed to more accurately express the intent of the framers. The original from which this article was probably taken is in G. O. 100 of 1863, art. 141: "It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of persons or traffic between the inhabitants of the territories occupied by the hostile armies shall be allowed, if any. If nothing is stipulated the intercourse remains suspended, as during actual hostilities."

Our own official translation is as follows:

"It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held in the theater of war with the inhabitants and between the inhabitants of one belligerent State and those of the other."

The British official translation is as follows:

"It is for the contracting parties to settle, in the terms of the armistice, what communications may be held, on the theater of war, with the populations and with each other."

Of course, what is intended to be regulated is the intercourse of the population of the occupied territory with the population of the country still held by the enemy (in both cases nationals of the enemy State), and also between each belligerent force and the inhabitants of the localities held by the other.

269. Rule in absence of stipulation.-If nothing is stipulated, the intercourse remains suspended, as during actual hostilities.1

1 G. O. 100, 1863, art. 141, par. 2. The French manual, p. 61, states: "If the contracting parties have omitted to arrange as to the mutual relations of the population during the armistice, each belligerent preserves the absolute right to settle the question as he chooses on the territory held by him. An armistice is not a temporary peace; it leaves the state of war in existence; consequently the comings and goings of the inhabitants about the respective positions or within the neutral zone may offer inconveniences and facilitate spying."

270. What stipulations armistice should contain.-The following stipulations should be incorporated in an armistice:

(a) The precise date, day, and hour of the commencement of the armistice.-The date of commencement of an armistice may be different for different parts of an army.1

1 Vide par. 260, supra.

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(b) The duration of the armistice.—The duration may be for a definite or indefinite period, and may terminate with or without notice of expiration. In case it is indefinite, a belligerent may resume operations at any time, with due notice given. If the term is fixed and no agreement has been made for prolonging same, hostilities may be resumed without notice in the absence of positive terms to the contrary. An armistice commences, in the absence of express mention to the contrary, at the moment it is signed.2

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2 In 1898 Spain protested against hostilities being continued during the negotiations for an armistice in Washington. The United States replied that it was a belligerent's strict right to continue operations so long as an armistice had not been concluded.

In 1865 Gen. Wilson captured Macon, Ga., during an armistice between Gens. Sherman and Johnston, of which Gen. Wilson had been informed by Gen. Cobb, but not by his own commander. Gen. Sherman directed him to release the captured Confederate generals (Cobb, G. W. Smith, and McCall) and to occupy ground outside of Macon.

(c) The principal lines and all other marks or signs necessary to determine the locations of the belligerent troops should be fired.-Belligerents frequently make use of maps with the lines indicated shown thereon, which maps are made part of the convention. A neutral zone is frequently determined upon between the two armies. These lines are not to be crossed or the zone entered except by parlementaires or other parties by special agreement for specified purposes, such as to bury the dead and collect the wounded.3

It is customary to designate the roads that are to be used by all parties entering or passing through a neutral zone. Vide general form armistice, Appendix A, this section.

(d) The relation of the armies with the people.-In the absence of stipulations to the contrary, each belligerent will exercise toward the inhabitants the rights of belligerents over

occupied territory, such as billeting troops, requisitioning supplies, etc., as well as all intercourse between them.*

4 Vide Spaight, War Rights on Land, p. 247.

(e) What acts are prohibited during the armistice.-In the absence of stipulations to the contrary, each belligerent is authorized to make movements of troops within his own lines, to receive and instruct recruits, to construct intrenchments, to repair bridges, to establish new batteries, and, in general, to take advantage of the time and means at his disposal to prepare for resuming hostilities. This includes the right to continue espionage, but does not include the right to introduce supplies into a fortress unless especially stipulated in the agreement.5

5 Les Lois, Jacomet, art. 133. Vide note 2, par. 261, supra.

In the Brussels Conference it was proposed to make the matter clear as to what a belligerent may or may not do after an armistice is concluded, by specifying that on the conclusion of an armistice, what each of the parties may do and what he may not do shall be precisely stated."

This was not passed because of the belief that this was implied in Art. XXXVI of the present rules. See the French rule in note 1, par. 269, supra. For practice during modern wars which conform to the foregoing principle, see Spaight, War Rights on Land, pp. 233 et seq.

271. Denunciation of armistice.-H. R. Art. XL. Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.

272. Must not constitute perfidy.-To denounce an armistice without some very serious breach, and to surprise the enemy before he can have time to put himself on guard, would constitute an act of perfidy. In the absence of extreme urgency, some delay should be given between the denunciation and resumption of hostilities.1

1 Land Warfare, Opp., pars. 296-297.

273. Armistice no excuse for lack of vigilance.-The existence of an armistice does not warrant relaxation of vigilance in the service of security and protection, or in the preparedness of troops for action, or exposing positions to the enemy.1

1 At the second battle of Fredericksburg, May 5, 1863, the Federals discovered the weakness of Gen. Barksdale's force during a suspension of hostilities to collect the wounded after the second repulse. Memoirs, Alexander, p. 351. In the suspension of arms at Wynnes Hill, during the relief of Ladysmith, many of the burghers stood up and disclosed the position of their trenches, which until then had not been located by the enemy. South African War, Vol. II, p. 602..

274. Violations by individuals.-H. R. Art. XLI. A violation of the terms of the armistice by individuals acting on their own initiative only entitles the injured party to demand punishment of the offenders or, if necessary, compensation for the losses sustained.