unconditional surrender
무조건 항복
Unconditional surrender means ending a war without negotiating or reserving conditions imposed by the opposing side. In Japan's case in 1945, acceptance of the Allied terms and the signing of the Instrument of Surrender on September 2 were distinct acts, but the instrument placed the authority of the Emperor and the Japanese government to rule the state under the Supreme Commander for the Allied Powers.
In depth
Legal and political distinction
The Potsdam Declaration demanded that Japan accept Allied terms, and the Japanese government transmitted an acceptance on August 10, 1945, with an understanding that the declaration would not prejudice the Emperor's prerogatives as sovereign ruler. The Allies did not simply accept that reservation: they replied that the Emperor would have to authorize and ensure the signature of the Japanese government and Imperial General Headquarters. The August 15 radio address was the political announcement of surrender, while the Instrument of Surrender signed in Tokyo Bay on September 2 legally recorded the unconditional surrender of Japan's Imperial General Headquarters and armed forces, the cessation of hostilities, and compliance with the Supreme Commander for the Allied Powers.
Article 8 made the authority of the Emperor and the Japanese government to rule the state subject to the Supreme Commander as necessary to effectuate the surrender terms. This did not by itself permanently extinguish Japanese sovereignty by treaty, but it limited the exercise of state authority under Allied occupation. The postwar legal settlement of occupation and sovereignty was addressed separately through the 1951 Treaty of San Francisco, which entered into force in 1952.
Sources
- Wikipedia (EN) (Potsdam Declaration's demand for Japan's unconditional surrender, the August acceptance, and the September 2 ceremony)
- archives.gov (National Archives description of the Instrument of Surrender and Japan's formal agreement to the Potsdam terms)
- avalon.law.yale.edu (transcription of the Instrument of Surrender, including the subordination of Japanese governing authority to the Supreme Commander for the Allied Powers)