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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section VIII : Armistice -- Capitulation - Art. 146.
Art. 146. Prisoners taken in the act of breaking an armistice must be treated as prisoners of war, the officer alone being responsible who gives the order for such a violation of an armistice. The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice.