There was a solution for that in GW- you can capitulate only from people who attacked you during the last 24 hours. However, you cannot attack them 24 hours after your capitulation from them expires. Also, you cannot capitulate from someone you have attacked at the last 48 hours. It was a nice solution.
but the same thing is implemented here:
You cannot capitulate to a player you have attacked in the past 48 hours or to a player who hasn't attacked you in the past 48 hours.