Ravi has already replied with the key point. Hostile Intent. Even if armed only with a box cutter like 9/11 highjackers, if hostile intent is proven, then prosecution including and up to extermination is justified.
Now, even if the accused are acting under duress, they are still committing an illegal act. And they need to suffer consequences of that illegal act. Suppose A kidnaps B’s son, and forces B to murder C, B is still committing a crime on C, and needs to bear consequences of his crime towards C.Gurinder P wrote:what if said accused were acting under duress?
When a combatant is surrendering with his arms and ammo because he has changed his intent from hostile to benign, then yes, his surrender is acceptable. You will find loads of pictures in BR of IA happily accepting such surrendering militants. We have also formed Rashtriya Rifles Home & Hearth battalions of such surrendering militants.Gurinder P wrote:most of all, I am stating that if fired upon fire back. If combatant is surrendering don't fire back and take him has a prisoner.
Now, some combatants fire and inflict damage until the last bullet, and when out of ammunition, they surrender. Whenever they realize their situation is disadvantageous, they surrender. They surrender to request protection under human rights and Geneva Convention.
However, have they given up hostile intent? No. If they’re able to grab another rifle, they’ll restart the carnage.
When hostile intent is not given up, then the surrender is meaningless, and unacceptable.
Same goes for pirates. When they see a warship approaching, they find their situation disadvantageous and surrender. Have they given up hostile intent? No. Will they rob another unarmed merchant ship when the situation is in their favour? Yes, they will.
In this case, since hostile intent is proven, action can be taken against them including and up to extermination.
In conclusion, Gurinder, in a free society, you have full liberty to ask tough questions like the ones you are asking. At the same time, you also have the responsibility to understand why tough and unpleasant decisions and actions are carried out.
Aditya, correct, and since the Pakistani's are not in uniform, we have no legal obligation to offer surrender, however, the Indian Army takes additional due dilligence and offers surrender as SOP. Ofcourse, this is depending on the tactical situation.