Spain
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Spain’s LOAC Manual (1996) prohibits attacks against persons
hors de combat.
The manual also states that it is a grave breach of the 1977 Additional Protocol I and a war crime “to make a person the object of attack knowing that he is
hors de combat”.
Spain’s LOAC Manual (2007) states: “It is prohibited to attack those persons who are out of action or
hors de combat.”
The manual further states that: “The wounded, sick and shipwrecked must not be attacked unless they take a direct part in hostilities.”
The manual states with regard to combatants without prisoner-of-war status: “They should be given the chance to surrender and, once
hors de combat, must be treated humanely. No acts of violence must be committed against them unless they carry out a hostile act or attempt to escape.”
The manual also states: “The unconditional surrender of the enemy must never be refused.”
The manual further states: “Enemy combatants who surrender and clearly express their intention to cease fighting (by waving a white flag, putting up their hands, etc.) must be respected.”