Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Section B. Specific categories of persons hors de combat
Senegal’s Disciplinary Regulations (1990) provides that, under the laws and customs of war, it is prohibited “to fire at, injure or kill an enemy who surrenders or who is captured”, as well as “to refuse an unconditional surrender”.
Senegal’s Penal Code (1965), as amended in 2007, states that the following constitutes a war crime:
b) [O]ther 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:
5. killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion.