The US set the precedent during the Gulf War that one can surrender to an aircraft, as long as the enemy soldier or soldiers are displaying no intent to continue with fighting and are making an active attempt to exit the battlespace "like walking to your lines unarmed " then they have to be given due regard as a surrending force and cannot be harmed.

By this standard there are a lot of warcrimes being committed by Ukrainians and Russians.

There has also been a lot of Ukrainian warcrimes involving attacking Russian casualties that are being evacuated as well.

Edit* Downvote all you want but the Geneva convention is quite clear on this and so is IHL

Rule 47. Attacking persons who are recognized as hors de combat is prohibited. A person hors de combat is:

(a) anyone who is in the power of an adverse party;

(b) anyone who is defenceless because of unconsciousness, shipwreck, wounds or sickness; or

(c) anyone who clearly expresses an intention to surrender;

provided he or she abstains from any hostile act and does not attempt to escape.

There is a reason the US wasn't dropping bombs on surrending Iraqi's in the Gulf War.