Lipush
Gold Member
- Apr 11, 2012
- 18,675
- 2,729
Geneva Conventions (1949)
Pursuant to common Article 3(1) of the 1949 Geneva Conventions,
[p]ersons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placedhors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.
Additional Protocol I
Article 41(1) of the 1977 Additional Protocol I provides: “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.”
Under Article 85(3)(e) of the 1977 Additional Protocol I, “making a person the object of attack in the knowledge that he is hors de combat” is a grave breach of the Protocol.
Additional Protocol II (draft)
Article 7(1) of the draft Additional Protocol II submitted by the ICRC to the CDDH provided: “It is forbidden to kill, injure, ill-treat or torture an adversary hors de combat.”
ICRC service
"in the knowledge"....
And how do we know the soldier didn't fear the guy carried an explosive belt, or left with enough breath in him to stab again?
If you can, answer without sarcasm.
And I ask this question for the simple reason that we've seen situations before.