text: Chapter 2
  Obligation of Combatants to Distinguish Themselves When Conducting Attacks
  Combatants have an obligation to distinguish themselves that include, but not limited to, when they
  conduct attacks. For example, militia and volunteer corps must wear fixed, distinctive insignia recognizable
  at a distance, including when they are conducting attacks. In addition, combatants may not kill or wound by
  resort to perfidy. Combatants may not fight in the enemy’s uniform. Lastly, because they fail to distinguish
  themselves as enemy combatants, persons engaged in spying or sabotage lack combatant immunity and so
  risk penalties under the domestic law of enemy States.
  Although military personnel generally conduct military operations while wearing uniforms or other
  distinctive emblems, there may be occasions, such as a surprise attack by enemy forces, when they are unable
  to dress in their uniforms before resisting the enemy’s assault. Military personnel may resist an attack so long
  as they are not wearing the enemy’s uniform and do not kill or wound treacherously, such as by deliberately
  seeking to feign civilian status or other protected status while fighting. For example, military personnel who
  resist the attack and do not purposefully seek to conceal their status as combatants commit no violation of
  LOAC and remain entitled to the privileges of combatant status. The normal wear of uniforms or other
  distinctive emblems, however, should resume as soon as practicable because such wear helps protect the
  civilian population from erroneous attack by helping to distinguish military forces from the civilian
  population. In addition, combatants may employ non-standard uniforms (for example Special Operations
  Forces may do this to blend in with the indigenous forces they advise, while distinguishing themselves from
  the civilian population).
  Persons Placed Hors de Combat
  Persons, including combatants placed hors de combat (“out of the battle”; see DOD Law of War
  Manual, 5.9; consider AP I art. 41) may not be made the object of attack. Persons placed hors de combat
  include the following categories of persons who are incapable of defending themselves, provided they abstain
  from any hostile act and do not attempt to escape:
  * Persons in the power of an adverse party (paragraph 2-107);
  * Persons not yet in custody, who have surrendered (paragraphs 2-108 through 2-112);
  * Persons who have been rendered unconscious or otherwise incapacitated by wounds, sickness, or
  shipwreck (paragraph 2-113); and
  * Persons parachuting from aircraft in distress (paragraph 2-114).
  Persons in the Power of an Adverse Party. Persons in the power of an adverse party include all
  persons detained by an adverse party, such as POWs, unprivileged belligerents, retained personnel, and
  civilian internees. As with other categories of persons placed hors de combat, detainees must refrain from
  hostile acts or attempts to escape in order to be considered hors de combat.
  Persons Who Have Surrendered. Persons who are not in custody, but who have surrendered are hors
  de combat and may not be made the object of attack. In order to make a person hors de combat, the surrender
  must be genuine (paragraph 2-109); clear and unconditional (paragraph 2-110); and under circumstances in
  which it is feasible for the opposing party to accept the surrender (paragraphs 2-111 through 2-112).
  Genuine
  The offer to surrender must be genuine. In addition to being legally ineffective, feigning the intent
  to surrender can constitute perfidy if it is done to kill or wound the adversary.
  Clear and Unconditional
  The offer to surrender must be clear and unconditional. Any arms being carried should be laid down.
  All hostile acts or resistance, or manifestations of hostile intent, including efforts to escape or to destroy
  items, documents, or equipment to prevent their capture by the enemy, would need to cease immediately for
  the offer to be clear and unconditional. Raising one’s hands above one’s head to show that one is not preparing
  to fire a weapon or engage in combat is often a sign of surrender. Waving a white flag technically is not a
  sign of surrender, but signals a desire to negotiate. The surrender must be “at discretion,” that is,