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Say you are fighting on the battlefield and the enemy has been shooting at you and you have been shooting at him. He runs out of bullets and runs away from you toward his side. You have the opportunity to shoot him, in the back, as he runs away from you, back towards his side.
Sure as long a he is a combatant it perfectly legal under the convention. Only if person is surrendering is it wrong. Heck snipers shoot them while eating if given a chance.
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