Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Argentina’s Law of War Manual (1989) forbids the refusal to give quarter.
The manual also states: “It is prohibited … to make an enemy hors de combat
the object of attack.”
The manual further states that “attacks against persons recognized as hors de combat
” are a grave breach of the 1977 Additional Protocol I and a war crime.
Argentina’s Law of War Manual (1969) states: “It is prohibited to kill or injure an enemy who has laid down his arms or who is defenceless and has surrendered.”
Argentina’s Law of War Manual (1989) prohibits:
making an enemy hors de combat the object of an attack, understood as any person who:
1) is in the power of his enemy.
2) clearly expresses his intention to surrender.
3) is incapable of defending himself.
provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
In its judgment in the Military Junta case
in 1985, Argentina’s National Court of Appeals established that, in a situation of internal violence, “the combatants incapacitated by sickness or wounds shall not be killed and shall be given quarter”.