That begs the question then. Would it have been okay for the people of Germany to keep on fighting even though the government capitulated using that same argument?
You don’t see me objecting to their actions on “legal” grounds. Fighting for National Socialism is morally reprehensible regardless of government sanction or lack thereof. But that’s a separate matter.
I think that Germany at one point still had a sizeable military that could easily be de-Nazified with Hitler dead to have linked with the Americans and kicked the GD Russians back to their borders. Revisionist but what would be a world without the Cold War and maybe destroying Communism after destroying Socialism and Fascism. Imagine no Korean War, Vietnam War, Iron Curtain, no Communist China and no a-bomb held by a Communist. Yes simplistic folly but what we have today would be immensely shocking to those in 1945.