The recognition window: Article 23 as a code for weapon systems

The ability to respect surrender must be demonstrated before employment, not presumed afterwards. This paper brings together in a single text the work of Human Flag Association (HFA) on the recognition of surrender. It does not propose new law. Article 23(c) of the 1907 Hague Regulations, customary under ICRC Rule 47, forbids attacking an enemy who has surrendered. The status of the person must therefore be recognized before force is applied, at each engagement and at each decision while the attack can still be interrupted. Recognition requires a time window and a signal that the system can receive. HFA distinguishes the obligations in force from the requirements and verifications it proposes to give them effect: measurement under Article 36 AP I, a documented trace, and limits on employment when the window is insufficient. The chain is applied to three cases: autonomous weapon systems (CCW/GGE.1/2026/3), mines and other devices (CCW Amended Protocol II), and delivery vehicles of tactical nuclear weapons. Employing a system without a window is not a circumstance. It is a choice, and the State answers for it. Italian and English versions included.