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• combatants who have been rendered unconscious or otherwise have been incapacitatedbecause of their wounds or sickness; 38 and• combatants who have surrendered as a consequence of their health. 39To merit respect and protection as “wounded” or “sick” under the law of war, combatantsmust abstain from hostile acts or attempts to evade capture. 407.3.1.2 Shipwrecked. For the purpose of applying the protections afforded by theGWS-Sea, the term “shipwreck” means shipwreck from any cause and includes forced landingsat sea by or from aircraft. 41The shipwrecked may be understood to include those in distress at sea or stranded on thecoast who are also helpless. 42 To be considered “shipwrecked,” persons must be in need ofassistance and care, and they must refrain from any hostile act. 43 For example, shipwreckedpersons do not include combatant personnel engaged in amphibious, underwater, or airborneattacks who are proceeding ashore. 44The meaning of the words ‘wounded and sick’ is a matter of common sense and good faith. They cover combatantswho have fallen by reason of a wound or sickness of any kind, or who have ceased to fight and laid down their armsas a consequence of what they themselves think about their health. It is the fact of falling or laying down of armswhich constitutes the claim to protection. It is only the soldier who is himself seeking to kill who may be killed.The abandonment of all aggressiveness should put an end to aggression.”).38 Refer to § 5.10.4 (Persons Rendered Unconscious or Otherwise Incapacitated by Wounds, Sickness, orShipwreck).39 Refer to § 5.10.3 (Persons Who Have Surrendered).40 Refer to § 5.10 (Persons Placed Hors de Combat).41 GWS-SEA art. 12 (“Members of the armed forces and other persons mentioned in the following Article, who are atsea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it beingunderstood that the term ‘shipwreck’ means shipwreck from any cause and includes forced landings at sea by orfrom aircraft.”).42 GWS-SEA COMMENTARY 89 (“Article 11 of the Brussels Convention of 1910 defines a shipwrecked person asbeing a person found at sea in danger of perishing. That definition, however, does not introduce the concept ofneed, and does not cover a shipwrecked person who manages to reach the coast or an island, or one who is not reallyin danger of losing his life. For our part, we prefer the following definition: ‘a person in distress at sea or strandedon the coast’.”).43 GWS-SEA COMMENTARY 89 (“Another factor is involved here: the shipwrecked persons must be in need ofassistance and care, and they must naturally refrain from any hostile act.”).44 2007 NWP 1-14M 8.2.3.2 (“Shipwrecked persons do not include combatant personnel engaged in amphibious,underwater, or airborne attacks who are proceeding ashore, unless they are clearly in distress and require assistance.In the latter case they may qualify as shipwrecked persons only if they cease all active combat activity and theenemy has an opportunity to recognize their condition of distress.”). Compare § 5.10.5.2 (Persons Deploying IntoCombat by Parachute).416

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