Armistice
An armistice is a formal agreement between warring parties to halt active hostilities, serving as a temporary measure that may allow for specific actions like the burial of the dead. While some armistices mark a complete cessation of conflict, such as France's 1940 agreement with Germany, they do not legally establish peace. The concept of armistice is governed by international laws developed during the Hague Peace Conferences of 1899 and 1907, which outlined regulations for suspending military operations. Importantly, armistices occupy a middle ground between cease-fires, which are typically temporary, and peace treaties, which formally end a state of war. Violations of armistice terms can lead to the resumption of hostilities, illustrating their precarious nature. Notably, some armistices, like the one signed in 1953 to conclude hostilities in the Korean War, have resulted in situations where the parties remain technically at war, as a formal peace treaty has never been achieved. Understanding armistices is essential for comprehending the complexities of international conflict resolution.
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Armistice
An armistice is a formal agreement between two or more belligerents to cease active hostilities. An armistice may be a temporary arrangement for such purposes as burial of the dead (although this is more likely to be known as a cease-fire or truce). Other armistices, such as France’s 1940 agreement with Germany, entail a complete cessation of hostilities. While sometimes presenting a de facto termination of a war, total armistices are not legally recognized as establishing peace.
The international laws regulating armistices were largely formulated at the Hague Peace Conference of 1899, and affirmed at the Hague Peace Conference of 1907. These conferences generated the Hague Conventions. The relevant section of the convention on the laws and customs of land warfare reads: "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." The regulations further state that hostilities may be resumed if an opposing belligerent violates the terms of the armistice. Such violations include an advance, the occupation of any point beyond a belligerent’s lines, and the withdrawal of troops from a tactically disadvantageous position.
An armistice occupies a middle ground between a cease-fire and a peace treaty. A cease-fire is understood to be temporary, although it may function to buy time for the parties to reach a more permanent agreement. An armistice is a more formal, signed agreement suspending hostilities. However, neither a cease-fire nor an armistice has the force of international law, and neither formally ends a state of war; only a peace treaty can do that. Some armistices, however, are never followed by peace treaties. One of the most notable of these is the armistice signed in 1953 that ended hostilities in the Korean War. Thus, while the Korean War is considered to have ended in 1953, from a legal standpoint, North and South Korea are technically still at war.
Bibliography
Dinstein, Yoram. "The Initiation, Suspension and Termination of War." International Law across the Spectrum of Conflict. Ed. Michael N. Schmitt. Newport: Naval War College, 2000. 131–59. Print.
"Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907." The Avalon Project. Lillian Goldman Law Library, Yale Law School, 2008. Web. 4 Dec. 2015.
Masi, Alessandria. "What Is a Cease-Fire and What's the Difference between an Armistice, a Cease-Fire and a Humanitarian Cease-Fire?" International Business Times. IBT Media, 27 July 2014. Web. 4 Dec. 2015.