1 An agreement under which a body of troops or a naval force surrenders upon conditions. The arrangement is a bargain made in the common interest of the contracting parties, one of which avoids the useless loss that is incurred in a hopeless struggle, while the other, besides also avoiding loss, is spared all further sacrifice of time and trouble. A capitulation must be distinguished from an unconditional surrender, which need not be effected on the basis of an instrument signed by both parties and is not an agreement.
2 A system of extraterritorial jurisdiction, based partly upon custom and partly upon treaties of unilateral obligation, in which cases relating to foreign citizens were tried before diplomatic or consular courts operating in accordance with the laws of the states concerned. The practice is now obsolete, being a clear breach of the right of sovereign equality between states.
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