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y higher authority, the other belligerent may denounce the capitulation and resume hostilities. 150Like action may also be taken if the capitulation was obtained through a breach of faith. 151A capitulation may not, however, be denounced because one of the parties has beeninduced to agree to it by a means consistent with the law of war, such as a ruse, or by that party’sown incapacity, such as through mistake of fact. 15212.10.2 Violation of Capitulation Agreements by Individuals. Deliberate violations ofthe terms of a capitulation by individuals are punishable as a war crime. 153 For example, amember of the capitulated force may be punished by his or her State or the enemy State forcarrying out attacks on enemy military equipment or personnel in violation of the terms of thecapitulation agreement. Similarly, destroying one’s own military equipment in violation of theterms of the capitulation agreement would also be punishable. 154Unwitting violations of a capitulation agreement, however, are not punishable. Forexample, individuals who return from a patrol and find their unit to have surrendered and,lacking knowledge of capitulation, continue to fight, would not be committing a war crime.12.10.2.1 Violation of Capitulation Agreements and POW Status. Violation of acapitulation agreement, like other pre-capture law of war violations, is not a basis for denying aperson POW status, if that person otherwise qualifies for POW status under the GPW. 15512.10.2.2 Violation of Capitulation Agreements by POWs. Members of the armedforces who have capitulated may become POWs. Violations of the terms of a capitulationagreement by a POW may also be punishable as misconduct as a POW, either by the DetainingPower or the State to which the POW belongs when that POW has been repatriated. 156150 1956 FM 27-10 (Change No. 1 1976) 477 (“If the violation is directed by the commander who capitulated or byhigher authority, the other belligerent may denounce the capitulation and resume hostilities.”).151 1956 FM 27-10 (Change No. 1 1976) 477 (“Like action may also be taken if the capitulation was obtainedthrough a breach of faith.”).152 1958 UK MANUAL 484 (“A capitulation may be denounced if a party to it formally refuses to execute a clausewhich has been agreed upon, and it may be cancelled if it was obtained by a breach of faith. It may not, however, beannulled because one of the parties has been induced to agree to it by ruse, or from motives for which there is nojustification, or by his own incapacity or feebleness.”).153 1956 FM 27-10 (Change No. 1 1976) 477 (“Violation of the terms of a capitulation by individuals is punishableas a war crime.”); Johnson v. Eisentrager, 339 U.S. 763, 787 (1950) (“Breach of the terms of an act of surrender isno novelty among war crimes.”).154 For example, The Scuttled U-Boats Case, Trial of Oberleutnant Gerhard Grumpelt, I U.N. LAW REPORTS 55-70(British Military Court, Hamburg, Germany, Feb. 12-13, 1946) (First Lieutenant Grumpelt was convicted “of havingscuttled two U-boats which had been surrendered by the German Command to the Allies” in violation of theInstrument of Surrender of 4th May, 1945.).155 Refer to § 9.26.4 (Retention of Benefits of the GPW Even if Prosecuted for Pre-Capture Acts).156 Refer to § 9.26.1 (POWs Subject to the Laws, Regulations, and Orders in Force in the Armed Forces of theDetaining Power); § 9.22.2 (POWs’ Status With Respect to Their Armed Forces).846