5cjxburmr

12.8.5 General Effect of Capitulation. The general effect of concluding a capitulationagreement is that of an unconditional surrender. In other words, absent specific terms in thecapitulation agreement to the contrary, the capitulation agreement should be understood to createthe effect of an unconditional surrender by the capitulating party. 136The capitulating party must generally cease operations and maintain the military statusquo at the time in which the capitulation becomes effective. 137 For example, the capitulatingforces must not engage in offensive operations against opposing forces. 138 Similarly, althoughforces may destroy their own weapons and intelligence information to prevent them from fallinginto the hands of the enemy before they capitulate, after the capitulation is effective, thecapitulating forces must abstain from all destruction and damage to their own facilities andequipment, unless expressly permitted by the capitulation agreement. 139 The capturing side isfree to confiscate as war booty or, at its discretion, destroy the weapons, ammunition, andmilitary equipment of the capitulating side. 14012.9 CAPITULATIONS – SUBJECTS USUALLY ADDRESSEDIn general, a capitulation agreement is understood to have the effect of an unconditionalsurrender under the law of war. However, specific topics may be addressed in the capitulationagreement that attach conditions to the surrender or specify the way in which the surrender is tobe effected.12.9.1 Scope of Surrendered Forces and Territory and Time of Surrender. Thecapitulation agreement may specify the force or territory that is surrendered and the exact timewhen the surrender is to take effect. If a place or area is surrendered, provisions relative to thewithdrawal of the defenders from it and the entering into possession of it by the victorious forcesmay also be specified in the agreement.agreement should contain in precise terms every condition to be observed on either side, excepting such conditionsas are clearly imposed by the laws of war. Details of time and procedure should be prescribed in the most exact andunequivocal language. Even in case of an unconditional surrender, when the terms are dictated by the victor, theyshould nevertheless be embodied in a written capitulation as soon as practicable.”).136 Refer to § 5.10.3 (Persons Who Have Surrendered).137 SPAIGHT, WAR RIGHTS ON LAND 253-54 (“The same principles which apply to the matériel of a fortress whichhas capitulated are applicable also in the case of the personnel. Once the capitulation is signed, the position isstereotyped and fixed; the status quo of the moment of signature must be honourably maintained. The victoriousbelligerent is justified in expecting that not only the matériel but the personnel of the capitulating force shall behanded over to him in accordance with the terms of the convention.”).138 Refer to § 5.10.3.2 (Clear and Unconditional).139 SPAIGHT, WAR RIGHTS ON LAND 251-52 (“A commander who has brought a fortress to the point of capitulating,may make the non-destruction of property during the negotiations a condition for granting better terms, and it maysuit the besieged’s interests to meet him in the matter. In the absence of such a special arrangement, thecommandant has a perfect right to dispose as he chooses of his matériel up to the moment of the signing of the act ofcapitulation.”).140 Refer to § 5.17.3 (Enemy Movable Property on the Battlefield (War Booty)).843