'Killing or wounding a combatant who no longer has means of defence and has surrendered at discretion - IAC' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 3
War Crimes

'War crimes' mean any of the following:

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following conduct:

(vi) killing or wounding a combatant who, having laid down his or her arms or having no longer means of defence, has surrendered at discretion.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed
conflict, within the established framework of international law, namely, any of the following acts:
(vi) Killing or wounding a combatant who, having laid down his arms or having no
longer means of defence, has surrendered at discretion