text: Non-Hostile Relations Between Belligerents
  GENERAL NATURE OF CAPITULATION AGREEMENTS
  7-139. The general effect of concluding a capitulation agreement is that of an unconditional surrender. In
  other words, absent specific terms in the capitulation agreement to the contrary, the capitulation agreement
  should be understood to create the effect of an unconditional surrender by the capitulating party. The
  capitulating party must generally cease operations and maintain the military status quo at the time in which
  the capitulation becomes effective. For example, the capitulating forces must not engage in offensive
  operations against opposing forces. Similarly, although forces may destroy their own weapons and
  intelligence information to prevent them from falling into the hands of the enemy before they capitulate, after
  the capitulation is effective, the capitulating forces must abstain from all destruction and damage to their own
  facilities and equipment, unless expressly permitted by the capitulation agreement. The capturing side is free
  to confiscate as war booty or, at its discretion, destroy the weapons, ammunition, and military equipment of
  the capitulating side (see DOD Law of War Manual, 12.8.5).
  7-140. Capitulations normally contain nothing but military stipulations, such as addressing issues related to
  movements and administration of the surrendered forces. Other relevant issues may be addressed, such as the
  administration of the local civilian population.
  FORM
  7-141. There is no specified form for a capitulation agreement. They may be oral or in writing. As in the
  case of armistices, however, a written agreement is preferred to avoid misunderstandings and disputes over
  the terms. The agreement should be as specific and precise as possible as to terms to be observed on either
  side, excepting such conditions as are clearly imposed by LOAC. Details of time and procedure should be
  prescribed in the most exact and unequivocal language.
  TERMS AND CONDITIONS USUALLY ADDRESSED IN CAPITULATION AGREEMENTS
  7-142. A capitulation agreement may, and often should, include provisions addressing each of the
  following, insofar as they are relevant to the circumstances:
  * Time of surrender
  * Forces (including to what extent detached forces or personnel may be included) or territory to be
  surrendered
  * Disposition of surrendered forces
  * Disarmament of surrendered forces
  * Disposition of Prisoners of war, civilian internees, and other persons held in custody
  * Requirement to follow orders of the victorious commander
  * Consequences of not following orders of the victorious commander
  * Prohibition on acts of destruction by surrendered forces
  PROHIBITED ACTS
  7-143. Once a capitulation is settled, its terms must be scrupulously observed by all parties concerned (HR
  art. 35). Personnel of the capitulating side must be handed over to the captor in accordance with the terms of
  the capitulation. In other words, the capitulating party must maintain the status quo at the time of signature.
  In turn, surrendering military forces and others entitled to POW status become POWs (or retained personnel).
  Damage and Destruction
  7-144. Once a capitulation agreement has been signed, the capitulating commanders and their forces are
  prohibited from causing destruction or damage to installations, arms, ammunition, war material, stores, and
  equipment under their control, or injury to opposing force personnel. The capitulating commanding officer
  must abstain and ensure that members of the command abstain from all such destruction, unless the
  commanding officer is expressly authorized or directed to do so by the terms of the capitulation agreement.
  Nothing prohibits commanders from destroying military equipment, arms, ammunition, and other military
  stores prior to their capitulation.