Cease-Fires, Truces, and Armistices In the Practice of the UN Security Council

Author:

Bailey Sydney D.

Abstract

There is no question that there has been confusion about the precise meaning of the terms cease-fire, truce, and armistice. The oldest term is truce, which in the Middle Ages usually had a religious connotation as in the phrase “Truce of God.” Hugo Grotius used truce to mean an agreement by which warlike acts are for a time abstained from, though the state of war continues—“a period of rest in war, not a peace.” If hostilities were resumed after a truce, according to Grotius, there would be no need for a new declaration of war, since the state of war was “not dead, but sleeping.” Truces might be concluded by generals in command of forces or by officers of lower rank. In the absence of agreement to the contrary, it was lawful to rebuild walls or to recruit soldiers during a truce, but actual acts of war were forbidden, whether against persons or property: that is to say, “whatever is done by force against the enemy.” Also forbidden were the bribery of enemy garrisons and the seizure of places held by the enemy. If a truce was violated, the injured party was free to resume hostilities “even without declaring war.” Private acts did not constitute a violation, however, unless there was public command or approval.

Publisher

Cambridge University Press (CUP)

Subject

Law,Political Science and International Relations

Cited by 15 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Ceasefires in Civil Conflict: A Research Agenda;Journal of Conflict Resolution;2022-10-06

2. When Should a Lawful War of Self-Defence End?;European Journal of International Law;2022-08-01

3. The “General Close of Military Operations” as the Benchmark for the Declassification of Armed Conflicts and the End of the Applicability of International Humanitarian Law;Canadian Yearbook of international Law/Annuaire canadien de droit international;2022-07-21

4. ‘Not dead but sleeping’: Expanding international law to better regulate the diverse effects of ceasefire agreements;Leiden Journal of International Law;2020-06-11

5. The Elusive Peace of Panmunjom;International Law and the Cold War;2019-12-31

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