§ 2. Crimes
Section 5
2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:
(c) the following acts, when they are committed intentionally and in violation of the relevant provisions of Additional Protocol (I) and cause death or serious injury to body or health:
(v) making a person the object of attack in the knowledge that he is hors de combat; or

§ 2. Crimes
Section 5
3. Anyone who commits, in the case of an international armed conflict, one of the following acts:
(e) killing or wounding a combatant who is in the power of the adverse party, who has clearly indicated he wishes to surrender, or who is unconscious or otherwise hors de combat as a result of wounds or sickness and is therefore unable to defend himself, provided that he refrains in all these cases from any hostile act and does not attempt to escape; or
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

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

This provision follows the ICC Statute.