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that has surrendered. Officers have sometimes been allowed to retain their side arms. 145addition, POWs are allowed to keep certain articles under the GPW. 146In12.9.2.3 Prohibitions on Acts of Destruction by the Surrendered Forces.Although a capitulation, like an unconditional surrender, generally has the effect of prohibitingacts of destruction by surrendered forces, the capitulation may also specifically prohibitdestruction by the surrendered forces of their materiel or installations, or communications,transportation facilities, and other public utilities in the area concerned.12.9.3 Disposition of Detainees Held by the Surrendered Forces. The disposition ofPOWs, civilian internees, and other persons held in the custody of the surrendered forces may beaddressed in a capitulation. 14712.9.4 Minefields and Other Defensive Measures. The provision of facilities and ofinformation on such matters as minefields and other defensive measures may be addressed in acapitulation. 14812.9.5 Civil Administration of the Area Concerned. The civil administration of the areaconcerned, if a place or area is surrendered, may also be addressed in a capitulation.12.10 CAPITULATIONS – VIOLATIONS AND DENUNCIATIONOnce capitulation agreements have been made, they must be scrupulously observed by allparties. 14912.10.1 Denunciation of Capitulation Agreements Based on Directed Violations. Ifviolations of a capitulation agreement have been directed by the commander who capitulated or145 For example, WINTHROP, MILITARY LAW & PRECEDENTS 787 (“In the capitulation between Gens. Grant and Lee,of April, 1865, in providing for the surrender of military property, it is added—‘This will not embrace the side armsof the officers, nor their private horses nor baggage.’”).146 Refer to § 9.7 (POW Effects and Articles of Personal Use).147 For example, Japan, Instrument of Surrender, Sept. 2, 1945, 59 STAT. 1733, 1734 (“We hereby command theJapanese Imperial Government and the Japanese Imperial General Headquarters at once to liberate all alliedprisoners of war and civilian internees now under Japanese control and to provide for their protection, care,maintenance and immediate transportation to places as directed.”).148 For example, Instrument of Surrender of Italy, Sept. 29, 1943, 61 STAT. 2742, 2743-44 (“10. The Italian SupremeCommand will make available all information about naval, military and air devices, installations, and defences,about all transport and inter-communication systems established by Italy or her allies on Italian territory or in theapproaches thereto, about minefields or other obstacles to movement by land, sea or air and such other particulars asthe United Nations may require in connection with the use of Italian bases, or with the operations, security, orwelfare of the United Nations Land, Sea or Air Forces. Italian forces and equipment will be made available asrequired by the United Nations for the removal of the above mentioned obstacles.”).149 HAGUE IV REG. art. 35 (“Capitulations agreed upon between the contracting parties must take into account therules of military honour. Once settled, they must be scrupulously observed by both parties.”).845