laws-of-war geneva-convention
What&#39;s counts as &quot;taking active part in the hostilities&quot; under the Geneva Convention?
<p>The <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-protection-civilian-persons-time-war" rel="noreferrer">Geneva Convention relative to the Protection of Civilian Persons in Time of War</a> states that</p>
<blockquote>
<p>Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely ...</p>
</blockquote>
<p>In the comments to <a href="https://law.stackexchange.com/a/88048/7410">an answer to another question</a>, there were questions as to the definition there. When is a soldier taking &quot;active part&quot; in the hostilities?</p>
<p>Are they considered to take an active part when they are sleeping? Awake but eating dinner? Does it matter if they are armed at the time, or merely &quot;in uniform&quot;? Are there (other) times when a uniformed member of the military would not be considered &quot;taking active part&quot; in the hostilities? Or are they considered to be taking an active part simply by being a uniformed member of a belligerent party?</p>

<h2>Members of the armed forces who are not <a href="https://en.wikipedia.org/wiki/Hors_de_combat" rel="nofollow noreferrer">hors de combat</a> are taking an “active part”</h2>
<p>Hors de combat is not there for padding - its a defined term of the Convention:</p>
<blockquote>
<p>A person is hors de combat if:</p>
<p>(a) he is in the power of an adverse Party;</p>
<p>(b) he clearly expresses an intention to surrender; or</p>
<p>(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;</p>
<p>provided that in any of these cases he abstains from any hostile act and does not attempt to escape.</p>
</blockquote>
<p>A person is <em>not</em> hors de combat simply because they are:</p>
<ul>
<li>Sleeping</li>
<li>Eating</li>
<li>Unarmed</li>
<li>Out of uniform</li>
<li>Defecating</li>
<li>Fornicating</li>
<li>Drunk</li>
</ul>
