Practice Relating to Rule 48. Attacks against Persons Parachuting from an Aircraft in Distress
The Military Manual (1993) of the Netherlands provides:
No person parachuting from an aircraft in distress shall be made the object of attack during his descent. Upon reaching the ground, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack. An opportunity to surrender must not be given if it is apparent that he is engaging in a hostile act.
Airborne troops are obviously not protected this way.
The Military Manual (2005) of the Netherlands states:
Section 4 - Ban on attacks on persons parachuting from aircraft in distress
0411. Persons who parachute from an aircraft in distress may not be shot at during their descent. Once they reach the ground, they must be allowed an opportunity to surrender before fire is opened.
0412. The opportunity of surrender need not be given if they are clearly carrying out hostile actions. Airborne landing troops are not entitled to such protection, unless it is clear that they are jumping from an aircraft in distress and refrain from hostile acts. In the latter case they, too, must be allowed the opportunity to surrender.
Sometimes it is unclear whether airborne landing troops are jumping from an aircraft for operational reasons or because the aircraft is in distress. The assessment of this depends on the actual circumstances of fact and the behaviour of the airborne landing troops.