text: Conduct of Hostilities
  unconditional (see HR art. 23(c)). A person who offers to surrender only if certain demands are met would
  not be hors de combat until that offer has been accepted.
  Under Circumstances in Which It Is Feasible to Accept
  For an offer to surrender to render a person hors de combat, it must be feasible for the opposing
  party to accept that offer. The feasibility of accepting the surrender refers to whether it is practical and safe
  for the opposing force to take custody of the surrendering persons in the circumstances. For example, suppose
  Soldiers manning an antiaircraft gun shoot at an enemy aircraft and then raise their hands to surrender seconds
  before a second aircraft attacks their position. In these circumstances, it would not be feasible for the crew
  of the attacking aircraft to land and accept their surrender. The antiaircraft gun crew would not be hors de
  combat. Similarly, combatants 50 yards from an enemy defensive position in the midst of an infantry assault
  by their unit could not throw down their weapons and raise their arms to surrender and reasonably expect the
  defending enemy unit will be able to accept and accomplish their surrender while resisting the ongoing assault
  by other members of the unit still attacking. Under these circumstances, the combatants are not hors de
  combat.
  Although the feasibility of accepting surrender includes consideration of whether it is feasible to
  take custody of the persons offering to surrender, this does not include consideration of whether it is feasible
  to care for detainees after taking custody. Offers to surrender may not be refused because it would be
  militarily inconvenient or impractical to guard or care for detainees.
  Persons Rendered Unconscious or Otherwise Incapacitated by Wounds, Sickness, or Shipwreck.
  Persons who have been rendered unconscious or otherwise incapacitated by wounds, sickness, or
  shipwreck such that they are no longer capable of fighting are hors de combat. Shipwrecked persons are those
  in distress at sea or stranded on the coast who are also helpless. Shipwrecked persons must be in need of
  assistance and care, and they must refrain from any act of hostility. These persons continue to be considered
  shipwrecked during rescue provided they continue to refrain from any hostile act. However, persons
  swimming in waters as part of a combat operation (for example, special forces wearing SCUBA gear) may
  be made the object of attack. Those rendered unconscious do not include persons who simply fall asleep.
  Sleeping combatants may generally be made the object of attack.
  Persons Parachuting From an Aircraft in Distress
  In general, persons, such as aircrew or embarked passengers, who parachute from an aircraft in
  distress, are treated as though they are hors de combat, that is, they may not be made the object of attack.
  This protection is provided because a person descending by parachute is temporarily hors de combat just like
  someone who is shipwrecked or unconscious. This protection does not extend to persons who commit hostile
  acts or attempt to evade capture, and to persons deploying into combat by parachute (consider AP I art. 42).
  No Hostile Acts or Attempts to Evade Capture
  As with other categories of persons hors de combat, the protection from being made the object of
  attack is forfeited if the persons engage in hostile acts or attempt to evade capture. Routine “slipping” to steer
  a parachute or similar actions to facilitate a safe parachute landing does not constitute acts of evasion.
  Persons Deploying Into Combat by Parachute
  Persons deploying into combat by parachute may be attacked throughout their descent and upon
  landing. Persons deploying into combat by parachute may include special operations or reconnaissance
  personnel, combat control teams, or airborne forces (in other words, specialized combat forces trained to
  arrive at military objectives by parachute drops). Persons deploying into combat by parachute may be
  attacked even if they deploy from an aircraft in distress (for example, when the enemy has attacked the
  aircraft to resist the assault). Airborne forces, however, may parachute from an aircraft in distress outside the
  context of an airborne assault. Under this circumstance, they would not be “deploying into combat” and
  would be hors de combat while descending by parachute.