Surrender ( German Kapitulation ) - an agreement on the cessation of armed struggle between opposing forces in international law - the cessation of armed struggle and the surrender of the armed forces of one of the belligerent states .
The surrender is trying to negotiate possible favorable conditions, which directly obliges the law to be made. The Hague Convention on the Laws and Customs of the Land War of 1907 regulates the negotiation process of the previous surrender. The enemy announces the desire to capitulate by sending his negotiator with a white flag . According to article 32 of the Convention, “A person is authorized as a parliamentarian authorized by one of the belligerents to enter into negotiations with another and who is with a white flag”. Its physical destruction, as well as mockery of it is unacceptable [1] [2] .
Unconditional surrender ( Eng. Unconditional surrender , US ) - the universal cessation of hostilities , the disarmament and surrender of all the armed forces of a capitulating state without any conditions.
The state is deprived of sovereignty , its territory is occupied (the borders and territory of the state can be changed by the will of the winner), the supreme power is exercised by specially appointed persons on behalf of the victorious state (or coalition of states). At the same time, the winners (winner) determine the future political settlement, work out specific sanctions, types and forms of political and material responsibility of the defeated state, and decide on the prosecution of the main war criminals . A defeated state does not have the right to reject or not fulfill the conditions of unconditional surrender either at the time of surrender or after it.
Content
History
In the XVII and XVIII centuries there was a view according to which not every surrender of the fortress is shameful ; surrender was considered honest when the troops who surrendered the fortress pronounced the right to freely leave the fortress with weapons in their hands, with banners, convoys, and all military supplies , after an easily penetrated breach was made in the fortress wall . Moreover, the surrender of troops in the field has always been recognized as unacceptable.
In the Military Article of Peter I , recognizing the surrender of the fortress as an act of shameful, punishable by severe punishment, article 123 stated: The parables, which for the sake of the commandant , officers and salads can be excused when the fortress is sold out, are the following: (1) Extreme hunger, when nothing there will be nothing that a person can eat, having in advance all kinds of food care, (2) When there is nothing left to the ammunition [3] , which is also wasted with all care; (3) When it so wanes people that they will not be able to defend themselves very much (and bravely defended during the entire siege ) they cannot receive a sycourse [4] , and it will be impossible to keep fortresses by all kinds; (4) However, these points are those that do not have a special decree. And who have a decree to defend themselves until the last man, then for the sake of no need to surrender to the enemy, and do not give the fortress.
The literature repeatedly raised the question of whether it is possible to capitulate at all, and even attempts were made to derive all sorts of rules for concluding surrender, as if binding on the warring parties; in fact, the conditions of surrender depend solely on the discretion of the winner, and in certain favorable cases the winner will not accept any conditions of the loser, demanding unconditional surrender [5] .
The concept of unconditional surrender was introduced during the Civil War in the United States by the commander of the northerners Ulysses Grant , who on February 16, 1862 sent the following conditions to the head of the siege fort of the besieged fortress of the southerners Donaldson, General Simon Bolivar Buckner : “ No conditions can be accepted except unconditional and immediate surrender ” [ 6] . “Unconditional surrender” became Grant's nickname, as his US initials coincided with this abbreviation. It is also short for "United States."
The concept of unconditional surrender was revived by US President F. D. Roosevelt and put forward at a conference in Casablanca (without the participation of the Soviet Union ) in 1943 specifically to deprive Germany and Japan of any rights if they were defeated in World War II. and give their population and property entirely at the discretion of the winners, which, as you know, happened after the defeat of the armed forces of Germany and Japan in 1945 .
Examples
- Vilagos surrender
- Capitulation of France
See also
- Surrender mode
Notes
- ↑ IV Convention on the Laws and Customs of the Land War . The Hague, October 18, 1907.
- ↑ Surrender - an article from the legal encyclopedia.
- ↑ Ammunition
- ↑ Help
- ↑ Surrender // Military Encyclopedia : [in 18 vol.] / Ed. V.F. Novitsky [et al.]. - SPb. ; [ M. ]: Type. t-va I. D. Sytin , 1911-1915.
- ↑ S. N. Burin. On the battlefields of the Civil War in the United States. M .: "Science", 1988, p. 53
Literature
- Military surrender // Brockhaus and Efron Encyclopedic Dictionary : 86 tons (82 tons and 4 extra). - SPb. , 1890-1907.