Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Section B. Specific categories of persons hors de combat
Spain’s LOAC Manual (1996) provides:
It is prohibited to attack an enemy who is hors de combat:
a)because he is in the power of an adverse party;
b) because he clearly expresses his intention to surrender;
c)because he is unconscious or is otherwise incapacitated by wounds or sickness, and is therefore incapable of defending himself.
In any of these cases, he always abstains from any hostile act and does not attempt to escape. Otherwise, the prohibition [to attack him] disappears.
Spain’s LOAC Manual (2007) states:
It is prohibited to attack those persons who are out of action or hors de combat because they:
a. are in the power of an adverse party;
b. clearly express an intention to surrender;
c. have been rendered unconscious or are otherwise incapacitated by wounds or sickness and therefore incapable of defending themselves.
These persons are considered hors de combat
provided that they abstain from any hostile act and do not attempt to escape. If they do not comply with these requirements, the prohibition no longer applies.
Spain’s Royal Ordinance for the Armed Forces (1978) states: “The combatant shall not refuse the unconditional surrender of the enemy.”
Spain’s Military Criminal Code (1985) punishes any soldier “who mistreats an enemy who has surrendered or who has no longer means of defending himself”.