he surrendered...
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Definitely a situation that should see investigation. The drone war brings up interesting issues. Some have surrendered to drones and crossed over to be taken into custody. I'm not sure what the legality is when the target attempts to surrender outside of the capability of ground forces to take under control. While he is signifying surrender he remains a uniform combatant possibly beyond the possibility of custody. Difficult issue.
While it is certainly possible to surrender to a munition or an aircraft, I don't believe surrendering to either are protected as the one taking in the potential prisoner has no reasonable way to control the area and extract the one surrendering.
The unfortunate reality is the Russian soldier had plenty of opportunity to grab a white flag and walk west, but instead decided to man the line all the way until he was feet away from a munition sent to remove his presence from the country he invaded.
Sure sure.