Hi Mike,

Agree that duty to assist wounded hinges on whether the engagement has ended or not - and what is happening in the engagement. The Semrau engagement seems to have been in the pursuit stage.

The Canadian guru John Thompson stated that pursuit should have come to a complete halt. That was my point in titling the post "mercy killing" or "mission saving".

I'd say bypass the wounded guy and continue the pursuit because those you are pursuing (if not caught) will come back to fight and kill another day. If you have additional assets allowing the wounded to be cared for then you do so.
My point was just that from what I know of Canadian forces, I was not surprised about the capt dilemma. They are train pretty much very close to the spirit of GC.
And to clarify, I just wanted to point the problematic necessity/duty VS obligations. And remind that it is taken in account.

Rule 109. Whenever circumstances permit, and particularly after an engagement, each party to the conflict must, without delay, take all possible measures to search for, collect and evacuate the wounded, sick and shipwrecked without adverse distinction.
In both the Semrau case and JMA's example, the "circumstances did not permit" and it was not "after the engagement".

Rule 109 in French (from this link):

Quote:
Règle 109. – Chaque fois que les circonstances le permettent, et notamment après un engagement, chaque partie au conflit doit prendre sans tarder toutes les mesures possibles pour rechercher, recueillir et évacuer les blessés, les malades et les naufragés, sans distinction de caractère défavorable.
No substantial difference that I see - "chaque fois" meaning roughly "at such time", as I read this (the English translation uses "whenever").
Actually there is a very light difference. chaque fois might be translated as any time, whenever or every time.
Common wisdom would interpret it as every time. Reality of the field shows that at the best it is whenever. But GC were written in French if I do not mistake just for the pleasure to have legal battles on how to understand one word that has several meanings and various translations.