Which of the following is not a condition to describe a hors de combat?

A person is hors de combat when "he is under the power of an adverse party", when "he clearly expresses an intention to surrender, or" when "he has been rendered unconscious or is incapacitated and therefore incapable of defending himself", provided he abstains from hostile acts and does not attempt to escape. The clause "but he attempts to escape" is therefore not a qualifying condition.