Question

why do you think it is forbidden to kill or injure an enemy who surrenders or hors de combat?​

Answer 1

Answer:

Hague Regulations (1899)

Article 23(c) of the 1899 Hague Regulations provides that it is especially prohibited “to kill or wound an enemy who, having laid down arms, or having no longer means of defence, has surrendered at discretion”.  

Hague Regulations (1907)

Article 23(c) of the 1907 Hague Regulations provides that it is especially forbidden “to kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion”.  

Additional Protocol I

Article 41 of the 1977 Additional Protocol I provides:

1. A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be made the object of attack.

2. 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;

c) he 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

Explanation: