text: Non-Hostile Relations Between Belligerents
  Surrenders of territory sometimes include provisions for the withdrawal defenders from it and allowing the
  victorious forces to enter into possession. A capitulation is a surrender by agreement; surrender can also
  occur without capitulation (see paragraphs 7-124 and 7-125).
  7-122. Capitulation differs from an armistice in that the former surrenders the capitulating unit, while the
  latter suspends fighting between opposing forces. Further, a capitulation is permanent while an armistice is
  temporary (at least in theory—the Korean armistice from 1953 is still in effect awaiting “a final peaceful
  settlement”).
  7-123. A capitulation may be of a small unit, such as a squad, platoon, company, or battalion, or of larger
  forces, such as a division or corps. Commanders have the authority to conclude capitulation agreements only
  with respect to areas under their control and forces or units under their command.
  CAPITULATION AS COMPARED TO SURRENDER
  7-124. Capitulation involving personnel refers to unit surrender pursuant to an agreement. Individual
  Soldiers or groups of Soldiers who throw down their arms and surrender do not capitulate, but surrender. A
  surrender may occur without a capitulation agreement. For example, individuals or units may surrender
  themselves unconditionally to the opposite side without a specific capitulation agreement. On the other hand,
  an unconditional surrender may also be effected through a capitulation instrument.
  7-125. Surrender also may be arranged between belligerents at national levels without the involvement of
  military commanders, possibly through third parties. A capitulation agreement may be negotiated between
  opposing military forces in local implementation of a surrender negotiated at national levels.
  MILITARY HONOR
  7-126. Capitulations agreed upon between belligerents must take into account the rules of military honor.
  Once settled, they must be scrupulously observed by both parties (HR art. 35).
  7-127. Executing a capitulation with honor and respect for the adversary is not only the professional way
  to treat a defeated enemy, but one in which the psychological stigma of capitulation is diminished. Along
  with humane treatment in accordance with LOAC, treatment with honor and respect provides incentive to an
  enemy to capitulate rather than fight on without any chance of prevailing.
  7-128. Just as a surrendering individual Soldier is to be treated professionally and humanely—but firmly—
  by the captors, so, too, should acceptance of capitulation be executed.
  7-129. Honorable treatment does not serve to diminish illegal acts, or criminal responsibility, by
  capitulating forces. Military and other personnel entitled to POW status (GPW art. 4) suspected of criminal
  acts, including violations of LOAC, remain POWs and, as such, remain entitled to protections afforded by
  their status (GPW art. 85).
  AUTHORITY OF COMMANDERS REGARDING CAPITULATION
  7-130. Commanders are generally presumed to have the authority to conclude a capitulation agreement with
  respect to forces under their command or areas under their control. This presumption is essential not only
  with respect to the authority of a commander offering to capitulate, but for an opposing force commander
  accepting the capitulation.
  7-131. For example, if commanders of military forces conclude continued fighting has become impossible
  and is unable to communicate with their superiors, under LOAC, they may assume they have authority to
  surrender their position or forces, or both.
  7-132. Unless their respective government has granted authority to do so, commanders do not possess the
  authority to bind their government to a permanent cession of places under their command, to surrender
  sovereignty over territory, or to agree to terms of a political nature that will take effect after the termination
  of hostilities.
  7-133. The fact that a commander surrenders in violation of orders or domestic law does not itself invalidate
  the surrender.