Your right, sir! I just looked that up and it does indeed specifically state in section II, article 23 that: "To kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion". I would hope that this could be amended to include something about actual in-combat surrendering. It would {IMO} be unrealistic too expect that every soldier could refrain from shooting an enemy that had just killed the fellow next too you, suffers a weapon malfunction while trying too shoot you, and then attempts too surrender.

Note that If you Google, it will take you several steps too arrive at this site. This can be found here: The Avalon Prject - Laws of War : Laws and Customs of War on Land (Hague IV); October 18, 1907

Thanks for the reply.