text: Chapter 7
  Breaches
  7-145. Once capitulation terms have been agreed upon, all parties must scrupulously comply with them
  (HR art. 35). Breach of the terms of a capitulation agreement subjects the offender to trial for violations of
  the laws and customs of war. In addition, if the violation is directed by the commander who capitulated or by
  higher authority, the other belligerent may denounce the capitulation and resume hostilities. Individual
  Service Member or groups of Service Members acting in violation of the capitulation agreement remain
  entitled to POW status, but may be prosecuted for their illegal acts (GPW art. 85). For example, following
  capitulation, a Service Member from the capitulated force no longer enjoys combatant immunity and may be
  prosecuted for carrying out attacks on enemy military equipment or personnel. If captured, he may be tried
  for misconduct as a POW in addition to any violation of LOAC (UCMJ art. 105 (10 U.S.C. 905)).
  Command Responsibility
  7-146. Capitulating units remain military units, subject to LOAC, and commanders remain responsible for
  the units under their command and for military personnel over whom they exercise authority. As such,
  commanders remain responsible for criminal misconduct of capitulating forces. Prevention of acts of looting
  and destruction by capitulating forces, whether of military equipment or civilian objects, remains a
  responsibility of commanders, for which they may be held criminally accountable.
  DENUNCIATION
  7-147. A capitulation agreement may be denounced if a party to it violates it based on directions by the
  commander who capitulated or by higher authority. The other belligerent may denounce the capitulation
  agreement and resume hostilities. Likewise, a denunciation action may also be taken if the capitulation was
  obtained through a breach of faith. It may not, however, be denounced because one of the parties has been
  induced to agree to it by a means consistent with LOAC, such as by a ruse, or by that party’s own incapacity,
  such as by mistake of fact.
  ANNULMENT
  7-148. A capitulation is null and void if it takes place following the agreement of a general armistice of
  which the parties to the capitulation had no knowledge, unless the terms of the armistice stipulate that the
  cessation of hostilities occurs from the time when notification reaches the forces concerned, rather than from
  the date and time of signature.