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A commander’s competence to capitulate is limited to forces under his or hercommand. 141 To avoid misunderstandings, capitulation should state the forces to be surrenderedand to what extent detached forces and personnel are included in the surrender of the mainbody. 14212.9.2 Disposition of Surrendered Forces. The capitulation instrument may specify themovements and administration of the surrendered forces after the surrender.In general, surrendering military forces and others entitled to POW status who fall intothe power of the enemy during international armed conflict become POWs under the GPW.Similarly, the disposition of surrendered medical personnel and the wounded and sick belongingto the surrendered party would be addressed by the GWS and GWS-Sea. Insofar as matters areaddressed by those treaties, there is little need for similar provisions in a capitulation instrument.However, special circumstances, such as inability of the victor to guard, evacuate, andmaintain large numbers of POWs or to occupy the area in which enemy military forces arepresent, may justify the victorious commander in allowing the defeated force to remain in itspresent positions, to withdraw, or to disperse after having been disarmed and having given theirparoles, provided that the giving of paroles is not forbidden by the laws of their own country andthat they are willing to give their paroles. 14312.9.2.1 Orders Given by the Victor. It is normally stipulated that the orders ofthe victorious commander will be scrupulously carried out by the surrendered forces and thatthose who fail to comply with such orders or with the terms of the surrender itself may bepunished. 14412.9.2.2 Disarmament of Surrendered Forces. Normally provisions are includedto govern the disposition of enemy arms, equipment, and other property in the hands of the force141 Refer to § 12.8.2 (Authority of Commanders to Conclude Capitulation Agreements).142 1958 UK MANUAL 466 (“To avoid misunderstandings, capitulations should invariably state to what extentdetached forces and outlying defences are included in the surrender of the main body.”).143 1956 FM 27-10 (Change No. 1 1976) 475b (“However, special circumstances, such as inability of the victor toguard, evacuate, and maintain large numbers of prisoners of war or to occupy the area in which enemy militaryforces are present, may justify the victorious commander in allowing the defeated force to remain in its presentpositions, to withdraw, or to disperse after having been disarmed and having given their paroles, provided that thegiving of paroles is not forbidden by the laws of their own country and that they are willing to give their paroles (seepar. 185).”).144 1956 FM 27-10 (Change No. 1 1976) 475j (“Orders given by the victor. It is normally stipulated that the ordersof the victorious commander will be scrupulously carried out by the surrendered forces and that those who fail tocomply with such orders or with the terms of the surrender itself will be severely punished.”). For example,Instrument of Surrender of all German armed forces in Holland, in North West Germany, including all islands, andin Denmark, May 4, 1945, 3-4, reprinted in The Scuttled U-Boats Case, Trial of Oberleutnant Gerhard Grumpelt,I U.N. LAW REPORTS 55, 57 (British Military Court Held at Hamburg, Germany, Feb. 12-13, 1946) (“3. The GermanCommand to carry out at once, and without argument or comment, all further orders that will be issued by the AlliedPowers on any subject. 4. Disobedience of orders, or failure to comply with them, will be regarded as a breach ofthese surrender terms and will be dealt with by the Allied Powers in accordance with the accepted laws and usagesof war.”).844