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Australia
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Section A. General
Australia’s Commanders’ Guide (1994) provides: “A person who is recognised or who, in the circumstances, should be recognised to be hors de combat shall not be made the object of attack.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 906.
The Guide also states: “The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … denying an enemy the right to surrender.” 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(o).
Australia’s Defence Force Manual (1994) provides: “Soldiers who are ‘out of combat’ and civilians are to be treated in the same manner and cannot be made the object of attack.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 707.
The manual also stresses that: “LOAC forbids the killing or wounding of an enemy who … is … ‘hors de combat’”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 836.
The manual further states: “The following examples constitute grave breaches or serious war crimes likely to warrant institution of criminal proceedings: … denying an enemy the right to surrender”. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1315(o).
Australia’s LOAC Manual (2006) states:
7.8 … Soldiers who are “out of combat” and civilians are to be treated in the same manner and cannot be made the object of attack …
8.40 The LOAC forbids the killing or wounding of an enemy who … is … hors de combat
13.26 [The 1977 Additional Protocol I] extends the definition of grave breaches to include the following … acts when committed wilfully, in violation of the relevant provisions of the protocol, and causing death or serious injury to body or health:
• making a person the object of attack in the knowledge that they are hors de combat.
13.29 Provisions of the Hague Regulations 1907 are now recognised as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
• to kill or wound an enemy who, having laid down their arms, or having no longer means of defence, has surrendered at discretion. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 7.8, 8.40, 13.26 and 13.29; see also § 4.30.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.” 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia’s Criminal Code Act (1995), as amended to 2007, states with regard to war crimes that are committed in the course of an international armed conflict:
War crimekilling or injuring a person who is hors de combat
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator kills one or more persons; and
(b) the person or persons are hors de combat; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for life.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator injures one or more persons; and
(b) the person or persons are hors de combat; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are hors de combat; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty for a contravention of this subsection: Imprisonment for 25 years. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.40, pp. 328–329.
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “killing or injuring a person who is hors de combat” in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, § 268.40.