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provided always that the enemy is warned within the time agreed upon, in accordance with theterms of the armistice. 177If the duration is for a definite period of time and there is no positive agreement to thecontrary, hostilities may be resumed without notice after the prescribed period of time.12.11.4.3 General Prohibition on Offensive Military Operations. An armisticeagreement generally would be understood to prohibit offensive military operations, such asconducting attacks or seizing territory. 178 Such acts would be examples of serious violations ofan armistice. 179 12.11.4.4 Armistice No Excuse for Relaxing Vigilance. The existence of anarmistice does not warrant relaxation of vigilance in the service of security and protection, or inthe preparedness of forces for action or exposing positions to the enemy. 180 For example,belligerents may continue to gather intelligence during an armistice, and may rely on thatintelligence after the armistice has ended. 18112.11.4.5 Preparations for Resuming Hostilities and Espionage Generally NotProhibited. During an armistice, in the absence of stipulations to the contrary, each belligerent isauthorized:• to make movements of forces within its own lines;177 HAGUE IV REG. art. 36 (“If [an armistice’s] duration is not defined, the belligerent parties may resume operationsat any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms ofthe armistice.”); LIEBER CODE art. 137 (“An armistice may be concluded for a definite time; or for an indefinitetime, during which either belligerent may resume hostilities on giving the notice agreed upon to the other.”).178 See 1958 UK MANUAL 446 (“If an armistice is declared without conditions, nothing more than a total cessationof hostilities along the front of both positions is required.”) (emphasis added); LIEBER CODE art. 136 (“If anarmistice be declared, without conditions, it extends no further than to require a total cessation of hostilities alongthe front of both belligerents.”) (emphasis added); 1914 RULES OF LAND WARFARE 261 (“What may be done duringan armistice.—An armistice need not in terms prohibit actual hostilities [in order to have the effect of prohibitingactual hostilities]. Anything else [beyond conducting actual hostilities] may be done during an armistice that is notin express terms prohibited by the agreement.”). See also 1914 RULES OF LAND WARFARE 261 note 1 (“Actualhostilities will provide, of course, that firing shall cease; that the belligerents must not gain ground to the front; and,during siege operations, ‘that the besieger must cease all extension, perfection, or advance of his attack works, asmuch so as from attacks by main force.’ (G.O. 100, 1863, art. 142.)”).179 Refer to § 12.13.1.1 (Examples of Serious Violations of an Armistice).180 1956 FM 27-10 (Change No. 1 1976) 481 (“The existence of an armistice does not warrant relaxation ofvigilance in the service of security and protection, or in the preparedness of troops for action, or exposing positionsto the enemy.”); 1958 UK MANUAL 460 (“The existence of an armistice is no reason for relaxing either vigilance orthe readiness of troops for action, or for exhibiting positions to the enemy which he could not detect duringcombat.”).181 For example, 1914 RULES OF LAND WARFARE 273 note 1 (“At the second battle of Fredericksburg, May 5,1863, the Federals discovered the weakness of Gen. Barksdale’s force during a suspension of hostilities to collectthe wounded after the second repulse. Memoirs, Alexander, p. 351. In the suspension of arms at Wynnes Hill,during the relief of Ladysmith, many of the burghers stood up and disclosed the position of their trenches, whichuntil then had not been located by the enemy. South African War, Vol. II, p. 602.”).851

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