General Discussion

As far as military exigencies permit, after each naval engagement, all possible measures
should be taken without delay to search for and collect the wounded, sick, and shipwrecked, and
to recover the dead.70
13.3.5 Surrender by Enemy Vessels. The general rules on the protection of persons hors
de combat, including the rule prohibiting the attack of persons who have surrendered, also apply
to enemy vessels.71
In particular, it is forbidden to make an enemy vessel the object of attack if
it has genuinely, clearly, and unconditionally surrendered, in circumstances in which it is feasible
to accept such surrender.72
Once an enemy vessel has clearly indicated a readiness to surrender, the attack must be
discontinued.73
Indicia of surrender by vessels may include:
• hauling down her flag;
• hoisting a white flag;
74
• surfacing (in the case of submarines);
75
• stopping engines and responding to the attacker’s signals;
76 or
70 Refer to § 7.4.1 (GWS-Sea Obligation Regarding the Search, Collection, and Affirmative Protection of the
Wounded, Sick, Shipwrecked, and Dead).
71 Refer to § 5.9.3 (Persons Who Have Surrendered).
72 2007 NWP ¶8.6.1 (“It is forbidden, however, to target an enemy warship or military aircraft that in good faith
unambiguously and effectively conveys a timely offer of surrender.”); 1955 NWIP ¶511c (“It is forbidden to refuse
quarter to any enemy who has surrendered in good faith. In particular, it is forbidden either to continue to attack
enemy warships and military aircraft which have clearly indicated a readiness to surrender or to fire upon the
survivors of such vessels and aircraft who no longer have the means to defend themselves.”).
73 2007 NWP 1-14M ¶8.6.1 (“Once an enemy warship has clearly indicated a readiness to surrender, such as by
hauling down her flag, by hoisting a white flag, by surfacing (in the case of submarines), by stopping engine