Document ID: chunk:federal_register_of_legislation:C2016C01093:schedule:5:p21
Version: federal_register_of_legislation:C2016C01093
Segment Type: schedule
Provision Reference: sch 5 (pt 21/59)
Character Range: 413380–416049

use of flags in the conduct of armed conflict at sea.

Article 40—Quarter
 It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

Article 41—Safeguard of an enemy hors de combat
 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; or
     (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.
 3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.

Article 42—Occupants of aircraft
 1. No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
 2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.
 3. Airborne troops are not protected by this Article.
SECTION II
COMBATANT AND PRISONER‑OF‑WAR STATUS

Article 43—Armed forces
 1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.
 2. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.
 3. Whenever a Party to a conflict incorporates a paramilitary or armed law inforcement agency into its armed forces it shall so notify the other Parties to the conflict.

Article 44—Combatants and prisoners of war
 1. Any combatant, as defined in Article 43, who falls into the power