Who is considered a person hors de combat under international humanitarian law?

During an international armed conflict, international humanitarian law (IHL) distinguishes between civilians and combatants. Combatants are persons entitled to take a direct part in hostilities. However, a combatant may cease to take part in hostilities because of injury, illness, loss of consciousness, or a clearly expressed intention to surrender.

In such circumstances, the person is protected under IHL as hors de combat.

According to Article 41 of Additional Protocol I to the 1949 Geneva Conventions, a person is considered hors de combat when they:

• are in the power of an adverse party;
• clearly express an intention to surrender; or
• are unconscious or otherwise incapacitated by wounds or sickness and are therefore incapable of defending themselves, provided that, in all cases, they abstain from any hostile act and do not attempt to escape.

Persons who have ceased to take part in hostilities may not be made the object of attack. They are entitled to humane treatment and protection from violence.

At the same time, hors de combat status does not automatically confer prisoner-of-war status. The term primarily describes a person’s condition and the fact that they have ceased to take part in hostilities, whereas prisoner-of-war status is determined by other rules of IHL. It is also important not to equate a person who is hors de combat with a civilian, as this is a specific status applicable to a combatant who has ceased to take part in hostilities under certain conditions.

The rules protecting persons hors de combat are a practical expression of the requirement of humane treatment during armed conflict. They establish a clear boundary: once a person no longer takes part in hostilities or is no longer able to continue doing so, they must be protected from attack.

The Ukrainian Red Cross continues to promote knowledge of international humanitarian law, contributing to a better understanding of its rules and principles and their practical application.