IRRC No. 251

Synopsis V: Capture

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— A person is hors de combat if:a) he is in the power of an adverse Party;b) he clearly expresses an intention to surrender; orc) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himselfprovided that in any of these cases he abstains from any hostile act and does not attempt to escape (Protocol I, Art. 41).

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