Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Under Kenya’s LOAC Manual (1997), “the enemy combatant who is no longer in a position to fight is no longer to be attacked, and is protected”.
The manual further instructs: “Do not fight enemies who are out of combat
Kenya’s LOAC Manual (1997) states: “The enemy combatant who is no longer in a position to fight is no longer to be attacked … This is the case for combatants who surrender, for the injured, … for the shipwrecked.”
The manual further insists:
It is forbidden to kill or wound someone who has surrendered having laid down his arms or who no longer has any means of defence …
Any intention to surrender must be clearly expressed; raising arms, throwing away one’s weapons or waving a white flag, etc. …
Combatants who are captured (with or without having surrendered) shall no longer be attacked. Their protective status starts from the moment of capture, and applies only to captured combatants who then abstain from any hostile act and do not attempt to escape.
Kenya’s LOAC Manual (1997) states that, when the capturing unit, such as a small patrol operating in isolation, is not in a position to evacuate prisoners, “that unit shall release them and take precautions: a) for its own safety …; and b) for the released’s safety (e.g. giving them water and food, the means to signal their location, and subsequently providing information about their location to rescue teams)”.