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preparing to fire a weapon or engage in combat is often a sign of surrender. Waving a white flagtechnically is not a sign of surrender, but signals a desire to negotiate. 261The surrender must be “at discretion,” i.e., unconditional. 262 A person who offers tosurrender only if certain demands are met would not be hors de combat until that offer has beenaccepted.5.10.3.3 Under Circumstances in Which It Is Feasible to Accept. For an offer ofsurrender to render a person hors de combat, it must be feasible for the opposing party to acceptthe offer. 263 By way of comparison, a city may not be declared “undefended” (and thusessentially surrendered) if it is not open for immediate physical occupation by opposing militaryforces. 264The feasibility of accepting the surrender refers to whether it is practical and safe for theopposing force to take custody of the surrendering persons in the circumstances. For example,consider the situation of enemy soldiers who man an antiaircraft gun and shoot at an enemyaircraft, and then who raise their hands as if to surrender seconds before a second aircraft attackstheir position. In the circumstances, it would not be feasible for the crew of the attacking aircraftto land and accept their surrender. 265 Similarly, a soldier fifty meters from an enemy defensiveposition in the midst of an infantry assault by his unit could not throw down his weapon and raisehis arms (as if to indicate his desire to surrender) and reasonably expect that the defending unitwill be able to accept and accomplish his surrender while resisting the ongoing assault by hisunit. 266 Although the feasibility of accepting surrender includes consideration of whether it isfeasible to take custody of the persons offering to surrender, this does not include considerationof whether it is feasible to care for detainees after taking custody. Offers to surrender may not berefused because it would be militarily inconvenient or impractical to guard or care fordetainees. 267261 Refer to § 12.4 (The White Flag of Truce to Initiate Negotiations).262 HAGUE IV REG. art. 23(c) (it is especially forbidden “[t]o kill or wound an enemy who, having laid down hisarms, or having no longer means of defence, has surrendered at discretion;”) (emphasis added).263 See FINAL REPORT ON THE PERSIAN GULF WAR 629 (“Surrender involves an offer by the surrendering party (aunit or an individual soldier) and an ability to accept on the part of his opponent. The latter may not refuse an offerof surrender when communicated, but that communication must be made at a time when it can be received andproperly acted upon – an attempt at surrender in the midst of a hard-fought battle is neither easily communicated norreceived. The issue is one of reasonableness.”).264 Refer to § 5.15.3.1 (Open for Immediate Physical Occupation).265 Refer to § 14.9.3.2 (Feasibility of Air Units to Accept the Surrender of Ground Forces).266 See SPAIGHT, WAR RIGHTS ON LAND 92-93 (“A party in a trench must all surrender, genuinely and unmistakably,for a regiment, squadron, company or squad of men is not like a ship, which, when it ‘hath its bellyful of fighting,’hauls down its colours and is clearly out of the fight. There is no such homogeneity in a unit in land war. … It is thesafest rule for a commander to pay no heed to a white flag which is hoisted, in the midst of an action, by a few menwho form part of a more considerable force which still resists.”).267 Refer to § 9.5.2.1 (Prohibition on Killing of POWs).234