Legal Definitions - hors de combat

Hors de combat is a French term that translates to "out of combat" or "incapacitated for combat." In the context of international humanitarian law (also known as the laws of armed conflict), it refers to a combatant who is no longer able to participate in hostilities due to specific circumstances. Once a combatant is considered "hors de combat," they are entitled to special protections and must not be attacked or harmed. Instead, they must be treated humanely.

A combatant achieves "hors de combat" status if they are:

• Severely wounded or sick and unable to defend themselves.
• Captured by the enemy.
• Clearly indicating an intention to surrender.
• Shipwrecked or parachuting from an aircraft in distress, provided they do not commit any hostile acts.

Here are some examples illustrating the application of "hors de combat":

• Example 1: A Wounded Soldier
  During a firefight, a soldier is hit by shrapnel and falls to the ground, visibly bleeding heavily and unable to move or operate their weapon. They drop their rifle and call out for help. An opposing soldier sees this individual's condition.

  Explanation: The wounded soldier is now "hors de combat." Their severe injury prevents them from fighting or posing a threat. Under international humanitarian law, the opposing soldier must not continue to target them and should, if circumstances permit, ensure they receive medical attention.

• Example 2: A Surrendering Unit
  A small patrol finds itself surrounded by enemy forces, low on ammunition, and with no viable escape route. The patrol leader orders their soldiers to drop their weapons, raise their hands above their heads, and clearly shout "We surrender!"

  Explanation: By explicitly indicating their intent to surrender and ceasing all hostile actions, these soldiers become "hors de combat." They are no longer legitimate targets and are entitled to protection as prisoners of war, meaning they must be treated humanely and not subjected to further violence.

• Example 3: A Captured Pilot
  An enemy fighter jet is shot down over hostile territory. The pilot successfully ejects and parachutes to the ground, landing safely but immediately surrounded by enemy ground forces. The pilot is disarmed and taken into custody.

  Explanation: Once the pilot is captured, disarmed, and under the control of the opposing forces, they are "hors de combat." They are no longer participating in hostilities and must be treated humanely, protected from violence, and afforded the rights due to a prisoner of war under international law.