Suchergebnisse

There have been many occasions since the inception of the United Nations when it has been found useful to establish nonmilitary areas. A nonmilitary area is one from which all potential combatants, weapons, military equipment, and military installations are excluded and from which no hostile acts or activities in support of or related to the conduct of military operations may be undertaken. In addition to being of historical interest, demilitarization is again being implemented in Sinai and will almost certainly be resorted to in Namibia and other places in the future. Demilitarization thus gives rise to important questions: By whom may such zones be established? What purposes are they intended to serve? What are the implications for state sovereignty? Do such zones have any status for states not parties to the agreements establishing them or for the United Nations and its agencies? And how effective has the supervisory system been?

There is no question that there has been confusion about the precise meaning of the terms cease-fire, truce, and armistice. The oldest term is truce, which in the Middle Ages usually had a religious connotation as in the phrase "Truce of God." Hugo Grotius used truce to mean an agreement by which warlike acts are for a time abstained from, though the state of war continues—"a period of rest in war, not a peace." If hostilities were resumed after a truce, according to Grotius, there would be no need for a new declaration of war, since the state of war was "not dead, but sleeping." Truces might be concluded by generals in command of forces or by officers of lower rank. In the absence of agreement to the contrary, it was lawful to rebuild walls or to recruit soldiers during a truce, but actual acts of war were forbidden, whether against persons or property: that is to say, "whatever is done by force against the enemy." Also forbidden were the bribery of enemy garrisons and the seizure of places held by the enemy. If a truce was violated, the injured party was free to resume hostilities "even without declaring war." Private acts did not constitute a violation, however, unless there was public command or approval.