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the validity of the surrender. 128 Commanders who surrender in violation of orders or the law oftheir own State may be punished by their State.Under the Code of Conduct for U.S. armed forces, a commander must never surrenderthe members of his or her command while they still have the means to resist. 129 Under theUniform Code of Military Justice, shameful surrenders are punishable. In addition, compellingor attempting to compel a commander to surrender or striking colors or flag to an enemy withoutproper authority is punishable. 13012.8.3 Rules of Military Honor. Capitulations agreed upon between belligerents musttake into account the rules of military honor. 131Conditions involving unnecessary disgrace or ignominy should not be insisted upon. 132Capitulations may include the right of the capitulating forces to surrender with colors displayedor other indications of professional respect for the capitulating forces. 133 For example, it may beappropriate to allow surrendering officers to keep their side arms. 134Even if the capitulation does not explicitly have such provisions, the capitulationagreement should be executed with honor and respect for the adversary. Treating the adversaryhonorably diminishes psychological stigma from capitulation and thereby provides an incentivefor the adversary to capitulate rather than fight on without any chance of success.12.8.4 Form of Capitulation Agreement or Instrument. There is no specified form forcapitulation instruments. They may be concluded either orally or in writing, but in order to avoiddisputes, they should be reduced to writing. The agreement should contain in precise termsevery condition to be observed on either side, excepting such conditions as are clearly imposedby the law of war. Details of time and procedure should be prescribed in exact and unequivocallanguage. Even in case of an unconditional surrender, when the terms are dictated by the victor,they should nevertheless be embodied in a written capitulation as soon as practicable. 135128 1956 FM 27-10 (Change No. 1 1976) 472 (“The fact that any commander surrenders in violation of orders or thelaw of his own State does not impair the validity of the surrender.”).129 Refer to § 9.39.1.2 (Code of Conduct – Article II).130 Refer to § 9.39.1.2 (Code of Conduct – Article II).131 HAGUE IV REG. art. 35 (“Capitulations agreed upon between the contracting parties must take into account therules of military honour.”).132 WINTHROP, MILITARY LAW & PRECEDENTS 786 (“Capitulation. This is an agreement for the surrender of anarmy, or of a fortified place, of which the terms are settled by the belligerent commanders. In the Project of theBrussels Conference it is prescribed that ‘these conditions should not be contrary to military honor.’ That is to say,conditions involving unnecessary disgrace or ignominy should not be insisted upon.”).133 1958 UK MANUAL 475 (“The expression ‘with the honors of war,’ which is sometimes used in capitulations, isusually construed to include the right to march out with colors displayed, bayonets fixed, etc., but the details of sucharrangements should be precisely stated in the articles [of capitulation].”).134 Refer to § 12.9.2.2 (Disarmament of Surrendered Forces).135 1956 FM 27-10 (Change No. 1 1976) 474 (“There is no specified form for capitulations. They may beconcluded either orally or in writing, but in order to avoid disputes, they should be reduced to writing. The842