ARMISTIZIO

ARMISTICE. - An armistice is a mutual agreement between belligerents that has the effect of suspending hostilities, either totally or partially, for a fixed or indefinite period. It differs from a simple truce, which interrupts the use of combat means for a short time to address needs not affecting the general conduct of war, such as gathering the wounded or burying the fallen. It may, as mentioned, be either general or partial, extend to the entire theater of war or part of it, temporary or perpetual, according to the stipulations of the contracting parties. A perpetual armistice generally precedes peace negotiations and serves to facilitate their conclusion.

An armistice does not have the effect of ending the state of belligerency, which continues with all its legal consequences until the conclusion of peace. Special powers conferred by the supreme command of the army are required for its conclusion. The legal effects of an armistice are debated: a strict opinion holds that it prohibits any movement or operation of troops aimed at improving the respective positions of the belligerents to the detriment of the other; a broader view maintains that ordinary movements, repair works, supplies, and other activities are permitted in the rear areas, and this seems the more accurate interpretation, as an armistice is not a convention of absolute immobility. Moreover, it is up to the parties to determine the modalities to guard against dangers.

The general rule of contracts applies to an armistice, imposing on the parties the obligation to observe the agreed clauses, and providing that a unilateral violation entitles the other party to legitimately resume hostilities. To render war more humane, the so-called *tregue* (truces) (v.), temporary truces imposed by ecclesiastical authorities, exerted great influence in the Middle Ages.

Bibl.: P. Fiore, *Trattato di diritto internazionale pubblico*, III, Torino 1891; H. Bonfils-Fauchell, *Manuel de droit international public*, Paris 1905; L. Le Fur-G. Chklarev, *Recueil de textes de droit international*, 1934; A. Muzzioli, *Raccolta delle convenzioni internazionali del diritto bellico terrestre marittimo ed aereo*, Firenze 1984.