D.—Treaties of Armistice
Of Armistices.
By armistice is understood a temporary cessation of hostilities by agreement. It rests upon the voluntary agreement of both parties. The object is either the satisfaction of a temporary need such as carrying away the dead, collecting the wounded, and the like, or the preparation of a surrender or of negotiations for peace.
A general armistice must accordingly be distinguished from a local or particular one. The general armistice extends to the whole seat of war, to the whole army, and to allies; it is therefore a formal cessation of the war. A particular armistice on the contrary relates only to a part of the seat of war, to a single part of the opposing army. Thus the armistice of Poischwitz in the autumn of 1813 was a general armistice; that of January 28th, 1871, between Germany and France, was a particular or local one, since the South-Eastern part of the theater of war was not involved.
The right to conclude an armistice, whether general or particular, belongs only to a person in high command, i.e., the Commander-in-Chief. Time to go and obtain the consent of the ruling powers may be wanting. However, if the object of the armistice is to begin negotiations for peace, it is obvious that this can only be determined by the highest authorities of the State.
If an agreement is concluded, then both sides must observe its provisions strictly in the letter and the spirit. A breach of the obligations entered into on the one side can only lead to the immediate renewal of hostilities on the other side.[81] A notification is in this case only necessary if the circumstances admit of the consequent loss of time. If the breach of the armistice is the fault of individuals, then the party to whom they belong is not immediately responsible and cannot be regarded as having broken faith. If, therefore, the behavior of these individuals is not favored or approved by their superiors, there is no ground for a resumption of hostilities. But the guilty persons ought, in such case, to be punished by the party concerned.
Even though the other party does not approve the behavior of the trespassers but is powerless to prevent such trespasses, then the opponent is justified in regarding the armistice as at an end. In order to prevent unintentional violation both parties should notify the armistice as quickly as possible to all, or at any rate to the divisions concerned. Delay in the announcement of the armistice through negligence or bad faith lies, of course, at the door of him whose duty it was to announce it. A violation due to the bad faith of an individual is to be sternly punished.
No one can be compelled to give credit to a communication from the enemy to the effect that an armistice has been concluded; the teaching of military history is full of warnings against lightly crediting such communications.[82]
A fixed form for the conclusion of an armistice is not prescribed. A definite and clear declaration is sufficient. It is usual and is advisable to have treaties of this kind in writing in order to exclude all complication, and, in the case of differences of opinion later on, to have a firm foundation to go upon.
During the armistice nothing must occur which could be construed as a continuation of hostilities, the status quo must rather be observed as far as possible, provided that the wording of the treaty does not particularize anything to the contrary. On the other hand the belligerents are permitted to do everything which betters or strengthens their position after the expiry of the armistice and the continuation of hostilities. Thus, for example, troops may unhesitatingly be exercised, fresh ones recruited, arms and munitions manufactured, and food supplies brought up, troops shifted and reenforcements brought on the scene. Whether destroyed or damaged fortifications may also be restored is a question to which different answers are given by influential teachers of the law of nations. It is best settled by express agreement in concrete cases, and so with the revictualing of a besieged fortress.