In those countries where the militia form the whole or part of the army, they shall be included under the denomination of "army."
Art. 10. The population of a non-occupied territory, who, on the approach of the enemy, of their own accord take up arms to resist the invading troops, without having had time to organize themselves in conformity with Article 9, shall be considered as belligerents, if they respect the laws and customs of war.
Art. 11. The armed forces of the belligerents may be composed of combatants and non-combatants. In the event of being captured by the enemy, both one and the other shall enjoy the rights of prisoners of war.
Chapter III. Of the Means of injuring the Enemy; of those which are permitted or should be forbidden
Art. 12. The laws of war do not allow to belligerents an unlimited power as to the choice of means of injuring the enemy.
Art. 13. According to this principle are strictly forbidden:
(a) The use of poison or poisoned weapons.
(b) Murder by treachery of individuals belonging to the hostile nation or army.
(c) Murder of an antagonist who, having laid down his arms, or having no longer the means of defending himself, has surrendered at discretion.