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12.11 ARMISTICES AND OTHER CEASE-FIRE AGREEMENTS12.11.1 Definition of Armistice. An armistice may also be described as the cessation ofactive hostilities for a period agreed upon by the belligerents. 157 An armistice suspends militaryoperations by mutual agreement between the belligerent parties. 15812.11.1.1 Armistice as an Agreement. An armistice is an agreed suspension ofhostilities. For example, a unilateral suspension of operations by one party would not be anarmistice.12.11.1.2 Armistice as a Suspension of Hostilities and Not a Peace Treaty. Anarmistice is not a partial or a temporary peace; it is only the suspension of military operations tothe extent agreed upon by the parties to the conflict. 159 War as a legal state of hostilities betweenparties may continue, despite the conclusion of an armistice agreement. 160In some cases, however, armistice agreements may be intended to be a prelude to peacetreaties. 161 In some cases, armistice agreements may persist for a long time. 16212.11.1.3 Armistice – Notes on Terminology. An armistice also has been referredto as a truce, local truce, ceasefire, cessation of hostilities, and suspension of arms. 163157 1956 FM 27-10 (Change No. 1 1976) 479 (“An armistice (or truce, as it is sometimes called) is the cessation ofactive hostilities for a period agreed upon by the belligerents.”); LIEBER CODE art. 135 (“An armistice is thecessation of active hostilities for a period agreed between belligerents.”).158 HAGUE IV REG. art. 36 (“An armistice suspends military operations by mutual agreement between the belligerentparties.”).159 1956 FM 27-10 (Change No. 1 1976) 479 (“It is not a partial or temporary peace; it is only the suspension ofmilitary operations to the extent agreed upon by the parties.”); LIEBER CODE art. 142 (“An armistice is not a partialor a temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.”).160 See, e.g., Kahn v. Anderson, 255 U.S. 1, 9 (1921) (“That complete peace, in the legal sense, had not come to passby the effect of the Armistice and the cessation of hostilities, is not disputable.”); Commercial Cable Co. v.Burleson, 255 F. 99, 104-05 (S.D.N.Y. 1919) (Hand, J.) (“It is the treaty which terminates the war. An armisticeeffects nothing but a suspension of hostilities; the war still continues. It is true that a war may end by the cessationof hostilities, or by subjugation; but that is not the normal course, and neither had hostilities ceased, nor had theenemy been subjugated in the sense in which that term is used.”) (citations omitted) reversed on other grounds andvacated as moot, Commercial Cable Co. v. Burleson, 250 U.S. 360 (1919).161 For example, Protocol of Agreement Between the United States and Spain, art. V, Aug. 12, 1898, 30 STAT. 1742,1743 (“The United States and Spain will each appoint not more than five commissioners to treat of peace, and thecommissioners so appointed shall meet at Paris not later than October 1, 1898, and proceed to the negotiation andconclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutionalforms of the two countries.”).162 For example, DEPARTMENT OF STATE, Treaties in Force: A List of Treaties and Other International Agreementsof the United States in Force on January 1, 2013, 411 (2013) (“Agreement concerning a military armistice in Korea,with annex. Signed at Panmunjon July 27, 1953, by the Commander-in-Chief, United Nations Command; theSupreme Commander of the Korean People’s Army; and the Commander of the Chinese People’s Volunteers.Entered into force July 27, 1953. 4 UST 346; TIAS 2782.”).163 See, e.g., Richard Baxter, Armistices and Other Forms of Suspension of Hostilities, in HUMANIZING THE LAWS OFWAR: SELECTED WRITINGS OF RICHARD BAXTER 310 (2013) (“In military usage, as reflected in particular in847