ARMISTIZIO. — The armistice is the mutual agreement of the belligerents whose effect is the total or partial suspension of hostilities for a determinate or indeterminate period. It differs from a simple suspension of arms, by which the use of the means of combat is interrupted for a short time in order to attend to matters unrelated to the general conduct of the war, such as the gathering of the wounded and the burial of the dead. As stated, it may be general or partial, extend to the entire theatre of war or to part of it, and be temporary or perpetual, according to the stipulations of the contracting parties. The perpetual armistice generally precedes the peace negotiations and serves to facilitate their conclusion.
The armistice does not entail the cessation of the state of belligerency, which continues with all its legal consequences until the conclusion of peace. Its conclusion requires special powers conferred by the supreme command of the army. Its legal effects are debated: one strict view holds that it prohibits any work or movement of troops intended to improve the respective positions of the belligerents to the detriment of the other; a broader view maintains that ordinary movements in the rear areas, repair works, resupply, and other such activities are permitted, and this seems the more correct view, since an armistice is not an agreement of absolute immobility. In any event, it is for the parties to determine the arrangements in order to guard against dangers.
The general rule governing contracts applies to the armistice: it imposes upon the parties the obligation to observe the agreed clauses and prohibits their unilateral violation, upon which the other party may legitimately resume hostilities. To make war more humane, the so-called tregue (v.)—temporary armistices imposed by the ecclesiastical authorities—exerted great influence in the Middle Ages.