Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Section B. Specific categories of persons hors de combat
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
Persons … rendered hors de combat because they are sick, wounded, shipwrecked, captured or for other reasons, must be respected and protected against the consequences of the war …
II. Rights and duties of prisoners of war
The prisoner of war is an enemy combatant hors de combat
due to the fact of his capture. As such, he enjoys a legal status which guarantees him rights.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
Chapter 2. Combatants and objectives
I.2.9. Combatants hors de combat
A combatant hors de combat is a person:
- who is in the power of an adverse Party;
- who clearly expresses his intention to surrender;
- who has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself, provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion[.]