Capitulation (, a little head or division; ''capitulare'', to treat upon terms) is an agreement in time of war for the surrender to a hostile armed force of a particular body of troops, a town or a territory. It is an ordinary incident of war, and therefore no previous instructions from the captors' government are required before finally settling the conditions of capitulation. The most usual of such conditions are

freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...

and security of

private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...

on one hand, and a promise not to

bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...

within a certain period on the other. Such agreements may be rashly concluded with an inferior officer, on whose authority the enemy are not, in the actual position of the war, entitled to place reliance. When an agreement is made by an officer who has not the proper authority or who has exceeded the limits of his authority, it is termed a "sponsion", and, to be binding, must be confirmed by express or tacit

ratification Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...

. Article 35 of the Hague Convention (1899) on the

laws Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...

and the customs of war requires that capitulations agreed on between the contracting parties must be in accordance with the rules of military honor. When once settled, they must be observed by both the parties.

References

{{Authority control Law of war *

See also

References