DRAFT Armistice

DRAFT

General Armistice Agreement

Charles Q. Brown Jr.

Chairman of the Joint Chiefs of Staff

Lloyd J. Austin III

Secretary of Defense

President Joe Biden

National Security Council

Summary

01

It is their right it is their duty to throw off such Government.A Government of absolute Despotism must be abolished and new guards for future security must be established.

02

DoD Law of War Manual Section 12.4 The White Flag of Truce to Initiate Negotiations

03

DoD Law of War Manual Section 12.5 Rules for vfc Parlementaires

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DoD Law of War Manual Section 12.11 Armistices and Other Ceasefire Agreements

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DoD Law of War Manual Section 12.12 Armistices Subjects Usually Addressed

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DoD Law of War Manual Section 12.13 Armistices Violations and Denunciations

Body

12.2 PRINCIPLE OF GOOD FAITH IN NON-HOSTILE RELATIONS

Absolute good faith with the enemy must be observed as a rule of conduct, including in

non-hostile relations between opposing belligerents.

12.3 METHODS FOR COMMUNICATION BETWEEN BELLIGERENTS

Belligerents may communicate with one another through a variety of methods.

12.4 THE WHITE FLAG OF TRUCE TO INITIATE NEGOTIATIONS

In the past, the normal means of initiating negotiations between belligerents has been the

display of the white flag of truce.

12.4.1 Meaning of the White Flag—a Desire to Communicate

As a legal matter, the

white flag, when used by military forces, indicates a desire to communicate with the enemy. The

hoisting of a white flag has no other legal meaning in the law of war.

12.4.2 Rules for the Party Displaying the White Flag

Forces displaying a flag of truce

must show clearly that they intend to engage in non-hostile relations. They bear the burden of

communicating their intent to the adversary.

12.4.3 Rules for the Party to Whom the White Flag Is Displayed

Fire must not be directed intentionally on the person carrying the white flag or on persons

near him or her unless there is a clear manifestation of hostile intent by those persons.

12.5 RULES FOR PARLEMENTAIRES

After the display of the white flag, a parlementaire would be sent to conduct

negotiations, traveling under the display and protection of the white flag of truce.

12.5.1 The Parlementaire and Party

Parlementaires ordinarily are agents employed by

commanders of belligerent forces in the field, to go in person within the enemy lines, for the purpose of communicating or negotiating openly and directly with the enemy commander.

Article 32 of the Hague IV Regulations provides that “a person is regarded as bearing a

flag of truce who has been authorized by one of the belligerents to enter into communication

with the other, and who advances bearing a white flag.”49 Although the word parlementaire has

been translated as a person bearing a flag of truce, the parlementaire need not physically carry

the white flag.

12.11 ARMISTICES AND OTHER CEASE-FIRE AGREEMENTS

12.11.1 Definition of Armistice

An armistice may also be described as the cessation of active hostilities for a period agreed upon by the belligerents.157 An armistice suspends military

operations by mutual agreement between the belligerent parties.

12.11.2.1 General Armistice

A general armistice suspends all military

operations between opposing forces. General armistices are usually of a combined political and military character. They

usually precede the negotiations for peace.

12.12 ARMISTICES – SUBJECTS USUALLY ADDRESSED

The following topics are often addressed in an armistice agreement: (1) the scope of the

armistice, including start time and duration; (2) what military activities are prohibited by the

armistice; (3) the relations between forces and the local populations during the armistice; (4)

humanitarian activities to occur during the armistice; and (5) mechanisms for implementing the armistice.

12.13 ARMISTICES – VIOLATIONS AND DENUNCIATION

An armistice, like other formal arrangements between belligerents, engages the honor of

all parties for the exact and complete fulfillment of every obligation thereby imposed.205 Serious

violations of the armistice by one of the parties gives an opposing party the right of denouncing

the armistice, and deliberate violations of the armistice by individuals are punishable.

12.13.2.1 “Private Persons” Defined for the Purposes Article 41 of the Hague IV Regulations

A private person, in the sense of Article 41 of the Hague IV Regulations, refers to

any person, including a member of the armed forces, who acts on his or her own

responsibility.

12.14 U.N. SECURITY COUNCIL CEASE-FIRES

The U.N. Security Council may call upon or demand that hostilities be ceased.

217 In

addition, the U.N. Security Council may call upon or demand that members of the United

Nations conclude cease-fire or armistice agreements.218 The U.N. Security Council may also

establish a formal cease-fire.219

Cease-fires established by the U.N. Security Council may be interpreted in accordance with the general principles of international law governing armistices. (see Note 220)

Note 220: For example, Jay S. Bybee, Assistant Attorney General, Authority of the President Under Domestic and

International Law to Use Military Force Against Iraq, 26 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 143, 175

(Oct. 23, 2002) (“Under general principles of armistice law, therefore, because the initial use of force in response to

the invasion of Kuwait—Operation Desert Storm—was authorized under UNSCR 678, subsequent uses of force

against Iraq in response to serious violations of the terms of the cease-fire established by UNSCR 687 would be

authorized as well, provided either that Iraq has been warned, or that such a warning may be avoided because it

would be likely to give Saddam Hussein a substantial advantage.”).

Body

I.

II.

III.

IV.

V. Evacuation by the German armies of the districts on the left bank of

the Rhine. These districts on the left bank of the Rhine shall be administered

by the local authorities under the control of the allied and United States

armies of occupation.

The occupation of these territories by allied and United States troops shall

be assured by garrisons holding the principal crossings of the Rhine (Mainz,

Coblenz, Cologne), together with bridgeheads at these points of a 30-kilometer (about 19 miles) radius on the right bank, and by garrisons similarly

holding the strategic points of the area.

A neutral zone shall be reserved on the right bank of the Rhine, between

the river and a line drawn parallel to the bridgeheads and to the river and

10 kilometers (6 miles) distant from them, between the Dutch frontier and

the Swiss frontier. t

The evacuation by the enemy of the Rhine districts (right and left banks)

shall be so ordered as to be completed within a further period of 16 days,

in all 31 days after the signing of the armistice.

All movements of evacuation and occupation shall be regulated according

to the note (Annexe 1) determined at the time of the signing of the armistice.