Hors de combat

Hors de combat is a commonly used international French-language term from the diplomatic, military and legal language, which literally translates to " incapacitate " or " out of action (set) " means. It refers to the status of soldiers who no longer participate in hostilities in the context of military conflicts, either because of illness or injury, or capture. The linguistic use is as an attribute, for example, in the form " This soldier is hors de combat ." Affected soldiers are their Additional Protocols of 1977, specifically protected by the Geneva Conventions of 1949 and, in particular against all acts that are against their lives, their health and physical integrity, their honor and their religious or other beliefs. This principle of absolute sparing of resultant captured and wounded soldiers is one of the oldest principles of international humanitarian law and is regarded as customary international law.

According to Article 41 of the Additional Protocols of 1977 to the Geneva Conventions is considered " placed hors de combat ", "who is in the power of an adverse party", "who clearly expresses its intention to surrender " or " who is unconscious or otherwise by wounding or incapacitating illness and therefore not in a position to defend themselves. " In all three cases, the person must refrain from " any act of hostility " and do not try to escape so as not to lose the protection status hors de combat. The attribution of the status hors de combat for occupants of aircraft, the jump off with a parachute from an aircraft in distress is explicitly prescribed in Article 42 of the Additional Protocol, as long as the parties involved are still in the air. Airborne troops are exempt from this protection. The application of the status hors de combat on abspringendes aircrew was controversial during the drafting of the Additional Protocols, as the jump over its own territory by a number of negotiating parties to an escape, and thus as a reason for exclusion was seen after Article 41.

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