And you would be correct.
You replyed:
And you would be correct.
I would say you are missing some distinctions. What you cite applies to Combatants. Non-combatants have protections as well. However, a commander who has his opposition fleeing the battlefield is not a war criminal if a fleeing soldier is killed, un-armed, just by the simple claim by others that there was efforts to surrender underway. Soldiers laying down their weapons and surrendering aren't to be killed -- they become POWs.
A head terrorist or sabatour is always unarmed when trying to conceal his involvment. He is not protected in the same way.