troops, and a truce, as a suspension of hostilities for a considerable length of time, and for a general purpose. Authority to make a truce. 774. A truce may be concluded between the commanders of the belligerent forces respectively, extending to their own commands, without special authority. Authority to make armistice. 775. An armistice can be concluded only by agreement of the governments of the respective nations. In the exercise of a general implied power incidental to their official stations, generals and admirals may suspend or limit the exercise of hostilities within the sphere of their respective military and naval commands, by means of special licenses to trade, of cartels for the exchange of prisoners, of truces for the suspension of arms, or capitulations for the surrender of a fortress, city, or province. These conventions do not, in general, require the ratification of the supreme power of the State, unless such ratification be expressly reserved in the act itself. Lawrence's Wheaton, Elem. of Intern. Law, p. 442, § 3; Dana's Wheaton, § 254, citing Martens, Précis, liv. II., ch. 2, §§ 49, 51, 65; Heffter, Droit International, § 87; Grotius, de Jure Belli ac Pacis, lib. III., cap. 22, §§ 6-8; Vattel, Droit des Gens, liv. II., ch. 14, § 207. The conclusion of a general armistice, by the general or admiral commanding in chief the military or naval forces of the State, applicable to all hostilities in every place, and to endure for a long or indefinite period, requires either the previous special authority of the superior power of the State, or a subsequent ratification by such power. Lawrence's Wheaton, p. 685, § 19; Dana's Wheaton, § 401, citing 1 Kent's Commentaries, 59; see Halleck, Intern. Law & Laws of War, p. 655; Executive Documents, 31st Cong., No. 17, p. 601; Klüber, Droit International, 277, 278; Bluntschli, Droit Intern. Codiflé, §§ 688, 689. This amounts, in effect, to a temporary peace, except that it leaves undecided the controversy out of which the war originated. Such acts or agreements, when made without authority, or exceeding the limits of the authority under which they purport to be made, are called sponsions. These must be confirmed by express or tacit ratification. Lawrence's Wheaton, p. 442, § 4; Dana's Wheaton, § 255. Publication of truce. 776. A truce or armistice binds the principals from the time of making the same, but no others until it has been published. Persons ignorantly violating it are not responsible civilly or criminally, but the principal whose duty it was to publish it is bound to make compensation to the party injured. 2 Wildman's International Law, 28. To prevent the difficulties and damage that might arise from acts committed in ignorance of a truce, it is usual to fix a prospective period for the cessation of hostilities, with reference to distance and the situation of places. Lawrence's Wheaton, Elem. of Intern. Law, p. 686, § 21; Dana's Wheaton, § 402; 1 Kent's Commentaries, p. 160; citing Vattel, Droit des Gens, bk. 3, c. 15, §§ 239, 244. Interpretation. 777. Where the language of a truce or armistice is ambiguous, that construction is to be preferred which extends the benefits thereof. 2 Wildman's Intern. Law, 27; citing Grotius, de Jure Belli ac Pacis, III., 21, 4; Vattel, Droit des Gens, III., § 244. Effect of truce or armistice. 778. Unless the terms of a truce or armistice indicate a different intention of the parties, the following rules apply: 1. It takes effect from the moment it is agreed on;' 2. Neither party, during its continuance, can do any act directly injurious to the other;" 3. Neither party can take advantage of the cessation of hostilities to gain a different position, or to threaten or strengthen a besieged place by works or military supplies, or to do any other act which could not safely be done in the midst of hostilities; but all things are to remain as they were in the places contested, and of which the possession was disputed at the moment of concluding the truce or armistice; and, 4. Subject to the foregoing restrictions, either party may continue general active preparations for war, by constructing or repairing fortifications, raising troops and gathering supplies. 1 Fioré Nouveau Droit Intern., v. 2, p. 356. 21 Kent's Commentaries, pp. 160, 161; Vattel, Droit des Gens, liv. III. ch. 16, §§ 245–251. Bluntschli, (Droit Intern. Codifié, § 692,) says, that a belligerent may take possession of places which the enemy has abandoned, but not those which he accidentally omits to occupy or guard. It is lawful during a truce, unless its terms forbid, to withdraw forces or collect reinforcements, but not to advance or occupy unguarded positions, or receive deserters. 2 Wildman's Intern. Law, 27. It is obvious that the contracting parties may, by express compact, derogate in any respect from these general conditions. For a full treatment of this subject in detail, see Halleck, Intern. Law and Laws of War, pp. 657-660; Phillimore's Intern. Law, III., §§ 117, 118, 197–8; 1 Kent's Commentaries, 16, 180; Heffter, Europ. Volker., §§ 142--3; Martin's Précis du Droit des Gens, §§ 293-4; Wildman's Intern. Law, II., 27. See also Lieber's Instructions for the Govern. of Armies of United States, ¶¶ 135– 147; Bluntschli, Droit Intern. Codifié, § 691. The computation of time is regulated by Article 994. Enforcing. 779. Any party to a truce or armistice may interfere to prevent any other party from doing any act in violation thereof. The hostilities it seems must be confined to what is necessary for such prevention, unless the acts are a breach of conditions which terminate the truce. Halleck, Intern. Law and Laws of War, p. 658. Expiration. 780. A truce or armistice is terminated, either, 1. By the expiration of the time limited by its terms; or, 2. If no time be limited, then upon the expiration of due notice given to either party by the other to terminate it at a specified time; or, 3. By a breach of its stipulations, expressed to be conditions thereof. Wildman, (Intern. 1 Halleck, Intern. Law and Laws of War, p. 658. Law, v. 2, p. 27, citing Grotius, de Jure Belli ac Pacis, III., 21, XI.,) says, that the obligation of a truce ceases if violated by the other party, for the obligation is conditional. When a penalty is annexed to a violation an option is given, and if the penalty is demanded and paid the truce continues. 2 Wildman's Intern. Law, 28. Unauthorized breach. 781. A truce or armistice is not terminated by acts not authorized by the commander, unless they are ratified by a refusal of satisfaction or otherwise. 2 Wildman's Intern. Law, 28; Bluntschli, Droit Intern. Codifié, §§ 690, 696. Recommencing hostilities. 782. At the expiration of a truce or armistice, hostilities may be commenced without any new declaration of war, or notice, unless otherwise agreed. Lawrence's Wheaton, Elem. of Intern. Law, p. 687, § 23; Dana's Wheaton, § 404, citing Liv. Hist., lib. IV., cap. 30; 1 Kent's Commentaries, p. 161, citing Vattel, Droit des Gens, bk. 3, c. 16, § 260; Bluntschli, Droit Intern. Codifié, §§ 694, 695. Flags of truce. 783. The bearer of a flag of truce is to be respected and protected by each belligerent, so far as possible, in coming and going, without suspending hostilities, but can not insist on being admitted; and if admitted during an engagement, may be detained till the engage. ment is over. Lieber's Instructions, ¶¶ 111-113. Effect of capitulation. 784. After signing the capitulation of a fortified place, the capitulator must not injure the works or property which he is to deliver up, unless the right to do so is reserved in the capitulation. Lieber's Instructions, ¶ 144. CHAPTER LXI. MEDICAL SERVICE. ARTICLE 785. "Ambulances" and "hospitals" defined. 787. Persons attached to ambulances and hospitals. 789. Exemption of private property and persons. 790. No distinction to be made in succor. 791. Immediate exchange of sick and wounded. 792. Prisoners incapacitated from future service. 793. Other sick and wounded. 794. Flag and badge. 795. Hospital ships to be of white exterior with green ports. 796. Effect of visitation of private ship used for sick and wounded. 797. Belligerent's control of private ship used for sick and wounded. 798. Voluntary societies for succor at sea. "Ambulances" and "hospitals" defined. 785. The terms "ambulances" and "hospitals" as used in this Code, include all establishments, places, ships and vehicles, permanent or temporary, which are exclusively devoted to the reception, care or transportation of the sick or wounded, or of supplies or attendants therefor. Neutrality of ambulances and hospitals. 786. Ambulances and hospitals are to be deemed neutral, and as such must be respected and protected by each belligerent, as long as they contain sick or wounded, and have only a sufficient guard to protect the inmates from disorderly violence. Convention of Geneva, Art. 1. |