Practice Relating to Rule 47. Attacks against Persons Hors de Combat
New Zealand’s Military Manual (1992) states: “A person who is recognised as, or who in the circumstances should be recognised as, hors de combat shall not be made the object of attack.”
Furthermore, the manual states that “making a person the object of attack knowing he is hors de combat” is a grave breach of the 1977 Additional Protocol I and a war crime. The manual explains that “this has always been a war crime under customary law”.
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides:
Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach … of [the 1977 Additional Protocol I] is guilty of an indictable offence.