text: Chapter 7
  7-134. Commanders who surrender in violation of orders or the law of their own State may be punished by
  their State. Under the Code of Conduct for U.S. armed forces, a commander must never surrender the
  members of his or her command while they still have the means to resist. Under the Uniform Code of Military
  Justice, shameful surrenders are punishable. In addition, compelling or attempting to compel a commander
  to surrender or striking colors or flag to an enemy without proper authority is punishable (for U.S. practice
  regarding this type of prosecution, see UCMJ art. 99(2)) (for more information regarding a U.S. commander’s
  authority to capitulate, surrender, and capture with respect to the U.S. Code of Conduct, see para. 7-137).
  Violations of Capitulation Agreements by Individual Soldiers
  7-135. Capitulations extend to all military personnel under a commander’s command. Deliberate violations
  by individual Soldiers or Marines of the terms of a capitulation agreement may be punished as a war crime
  Individual Soldiers are also subject to prosecution by their own government for disobeying the capitulation
  order (see UCMJ art. 92 (10 U.S.C. 892)). Violation of a capitulation agreement, like other pre-capture law
  of war violations, is not a basis for denying a person POW status, if that person otherwise qualifies for POW
  status under the GPW (GPW arts. 4 and 85).
  Commander’s Authority with Respect to Detached Forces
  7-136. Commanders’ competence to capitulate is limited to forces immediately under their command and
  does not necessarily extend to detached forces. To avoid misunderstandings, a capitulation agreement should
  state to what extent detached forces and personnel in outlying defenses are included in the surrender of the
  military forces.
  The Code of Conduct for U.S. Armed Forces
  7-137. The Code of Conduct for U.S. Armed Forces is a moral code designed to provide U.S. military
  personnel with a standard of conduct (see DOD Law of War Manual, 9.3.9). Article II of the Code of Conduct
  states: “I will never surrender of my own free will. If in command, I will never surrender the members of my
  command while they still have the means to resist” (DODI O-3002.05). Code of Conduct (CoC) Training
  provides that:
  * Military personnel must never willingly surrender and must do their best to avoid capture. If a
  military member is isolated and unable to execute his or her mission or otherwise advance U.S.
  military objectives, it is his or her duty to evade capture and delay contact with individuals that
  may lead to capture, rejoin the nearest friendly force, and return to U.S. control (Enclosure 4, para.
  2.a).
  * Military personnel must understand the difference between surrender and other circumstances
  resulting in an adversary having control of the individual. Surrender is the voluntary
  relinquishment of a military member, or his or her subordinates, to an adversary’s control. When
  there is no chance for meaningful resistance, evasion is impossible, and further military
  engagement will squander life with no significant advancement of U.S. objectives or hindrance to
  the adversary’s objectives, members of Armed Forces should view themselves as “captured’
  against their will,” versus “surrendering.” (Enclosure 4, para. 2.b.(1)).
  * The responsibility and authority of a commander never extends to the surrender of command, even
  if isolated, cut off, or surrounded, while the unit has a reasonable power to resist, break out, or
  evade to rejoin friendly forces (Enclosure 4, para. 2.b.(2)).
  To Accept Enemy Capitulation
  7-138. A commander possesses the inherent authority to accept enemy surrender or general capitulation.
  The authority to accept enemy capitulation with conditions, however, is subject to approval by higher
  authority. A commander’s agreement to conditions without higher authority approval is subject to higher
  command repudiation.