Treaties, States Parties and Commentaries
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Safeguard of an enemy hors de combat
Article 41 -- Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances, should be recognized to be ' hors de combat ' shall not be made the object of attack.

2. A person is ' hors de combat ' if:

(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or

(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.

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