27:
55:, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.
283:
Combatants who are captured without the minimum requirements for distinguishing themselves from the civilian population, i.e. carrying arms openly during military engagements and the deployment immediately preceding it, lose their right to prisoner of war status without trial under
Article 44 (3) of
171:(merely by having committed the act) or by decision of a competent court or tribunal. In the relevant treaties, the distinction between privileged and unprivileged is not made textually; international law uses the term combatant exclusively in the sense of what is here termed "privileged combatant".
164:
applicable to interstate armed conflict, combatants may be classified in one of two categories: privileged or unprivileged. In that sense, privileged means the retainment of prisoner of war status and impunity for the conduct prior to capture. Thus, combatants that have violated certain terms of the
480:
A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary
Convention). Article 2 makes it an offence to employ a mercenary and Article 3.1 states that "A mercenary, as defined in article 1 of the present Convention, who participates directly in hostilities or in a concerted act of violence, as
537:
The exceptions are: "Nationals of a State which is not bound by the
Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of
510:
official statement by the ICRC 21 July 2005. "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the
138:
for the
Protection of War Victims, entitled "Basic rule": "the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations only against military objectives."
233:
Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war; often dubbed a
348:
commander was indicted by a federal grand jury in New York for the June 26, 2008 attack on an
American military convoy that killed three U.S. soldiers and their Afghan interpreter, and October 27, 2008 shooting down of a U.S. military helicopter during the
467:
Under
Article 47 of Protocol I (Additional to the Geneva Conventions) it is stated in the first sentence "A mercenary shall not have the right to be a combatant or a prisoner of war." On 4 December 1989 the United Nations passed resolution 44/34 the
455:"Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.: Commentary of 1987: Article 13 - Protection of the civilian population"
146:
to the 1949 Geneva
Conventions. However, it did state under Article 13 of the protocol that civilians "shall enjoy general protection against the dangers arising from military operations" until "they take a direct part in hostilities."
250:), combatants who do not wear a distinguishing mark still qualify as prisoners of war if they carry arms openly during military engagements, and while visible to the enemy when they are deploying to conduct an attack against them.
78:) are combatants, that is to say, they have the right to participate directly in hostilities." Combatants when captured by an opposing party are automatically granted the status of
246:
For countries which have signed the "Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" (
174:
If there is any doubt as to whether the person benefits from "combatant" status, they must be held as a POW until they have faced a "competent tribunal" (Article 5 of the
391:"Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977"
280:). The loss of privileges in that case only occurs upon conviction, i.e. after a competent court has determined the unlawfulness of the conduct in a fair trial.
344:
of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms. On
October 7, 2021, a former
390:
622:
503:
371:
454:
294:, i.e. persons who collect information clandestinely in the territory of the opposing belligerent. Members of the armed forces conducting
524:"Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". (
105:
of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms.
525:
548:
485:
608:
354:
230:
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the
Detaining Power.
570:
312:, and civilians who take a direct part in combat and do not fall into one of the categories listed in the previous section.
552:
350:
41:
538:
which they are nationals has normal diplomatic representation in the State in whose hands they are." (GCIV Article 4)
316:
Most unprivileged combatants who do not qualify for protection under the Third Geneva Convention do so under the
428:
161:
324:". If found guilty at a regular trial, they can be punished under the civilian laws of the detaining power.
646:
500:
441:
209:, belonging to a party to the conflict and operating in or outside their own territory, even if this
317:
473:
403:
333:
175:
94:
75:
259:
616:
321:
205:
Members of other militias and members of other volunteer corps, including those of organized
483:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries
478:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries
470:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries
51:
is the legal status of a person entitled to directly participate in hostilities during an
8:
641:
210:
206:
566:
199:
135:
87:
63:
58:
In an interstate conflict, the definition of "combatant" is found in Article 43 (2) of
593:
591:
186:
The following categories of combatants qualify for prisoner-of-war status on capture:
477:
118:
114:
79:
71:
67:
239:
142:
In a non-interstate conflict, no requirement of distinction exists under Additional
482:
302:
behind enemy lines are not considered spies as long as they wear their own uniform.
264:
There are several types of combatants who do not qualify as privileged combatants:
225:
that of conducting their operations in accordance with the laws and customs of war.
507:
489:
481:
the case may be, commits an offence for the purposes of the Convention." –
83:
299:
295:
52:
635:
366:
341:
309:
102:
26:
20:
191:
126:
305:
143:
108:
30:
549:"Former Taliban Commander Charged with Killing American Troops in 2008"
521:
472:. It entered into force on 20 October 2001 and is usually known as the
285:
277:
247:
131:
59:
16:
Person who takes a direct part in the hostilities of an armed conflict
592:
Annyssa Bellal, Gilles Giacca, and Stuart Casey-Maslen (March 2011).
337:
291:
216:
that of being commanded by a person responsible for his subordinates;
167:
98:
165:
IHL may lose their status and become unprivileged combatants either
66:: "Members of the armed forces of a Party to a conflict (other than
320:(GCIV), which concerns protected civilians, until they have had a "
268:
Combatants who would otherwise be privileged but have breached the
219:
that of having a fixed distinctive sign recognizable at a distance;
121:
345:
273:
195:
33:
332:
In a non-interstate armed conflict, combatants who fought with
93:
In a non-interstate armed conflict, combatants who fought with
37:
594:"International law and armed non-state actors in Afghanistan"
571:"Targeting and International Humanitarian Law in Afghanistan"
336:
are not afforded immunity for taking part in hostilities, as
97:
are not afforded immunity for taking part in hostilities, as
353:(the conflict became non-interstate not long after the
213:, provided that they fulfill the following conditions:
109:
Distinction between combatants and protected civilians
565:
194:of a Party to the conflict as well as members of
44:. They would be considered combatants in the war.
633:
501:The relevance of IHL in the context of terrorism
327:
372:Rule of Law in Armed Conflicts Project (RULAC)
240:mass conscription during the French Revolution
130:. It is reflected in Article 48 of Additional
113:In an interstate conflict, the requirement of
555:'s Office of Public Affairs. October 7, 2021.
621:: CS1 maint: multiple names: authors list (
155:
457:. International Humanitarian Law Datebases.
393:. International Committee of the Red Cross.
431:. The Practical Guide to Humanitarian Law.
253:
461:
181:
25:
150:
19:For the proposed aircraft carrier, see
634:
423:
421:
609:International Review of the Red Cross
355:United States invasion of Afghanistan
278:killing surrendered enemy combatants
553:United States Department of Justice
418:
13:
202:forming part of such armed forces.
14:
658:
511:detaining state for such action".
585:
559:
541:
531:
514:
494:
447:
435:
409:
397:
383:
162:international humanitarian law
1:
526:Geneva Conventions Protocol I
377:
328:Non-interstate armed conflict
222:that of carrying arms openly;
74:covered by Article 33 of the
357:ended on December 7, 2001).
7:
360:
10:
663:
257:
18:
601:International Law Studies
575:International Law Studies
156:Interstate armed conflict
318:Fourth Geneva Convention
124:lies at the root of the
474:UN Mercenary Convention
442:Article 48 - Basic rule
429:"Nonstate Armed Groups"
404:Third Geneva Convention
270:laws and customs of war
254:Unprivileged combatants
178:) to decide the issue.
176:Third Geneva Convention
117:between combatants and
334:non-state armed groups
322:fair and regular trial
260:Unprivileged combatant
95:non-state armed groups
45:
522:Additional Protocol I
340:is a crime under the
286:Additional Protocol I
211:territory is occupied
182:Privileged combatants
101:is a crime under the
60:Additional Protocol I
29:
488:May 8, 2012, at the
207:resistance movements
151:Status of combatants
134:of 1977 to the 1949
40:in 2011, during the
31:Afghan National Army
520:Article 51 (3) of
88:unlawful combatants
647:Combat occupations
567:Michael N. Schmitt
506:2006-11-29 at the
351:War in Afghanistan
272:(e.g., committing
136:Geneva Conventions
64:Geneva Conventions
46:
42:War in Afghanistan
406:, Article 4(A)(1)
80:protected persons
76:Third Convention
68:medical personnel
654:
627:
626:
620:
612:
598:
589:
583:
582:
563:
557:
556:
545:
539:
535:
529:
518:
512:
498:
492:
465:
459:
458:
451:
445:
439:
433:
432:
425:
416:
413:
407:
401:
395:
394:
387:
84:prisoners of war
662:
661:
657:
656:
655:
653:
652:
651:
632:
631:
630:
614:
613:
596:
590:
586:
564:
560:
547:
546:
542:
536:
532:
519:
515:
508:Wayback Machine
499:
495:
490:Wayback Machine
466:
462:
453:
452:
448:
440:
436:
427:
426:
419:
414:
410:
402:
398:
389:
388:
384:
380:
363:
330:
262:
256:
200:volunteer corps
190:Members of the
184:
158:
153:
111:
24:
17:
12:
11:
5:
660:
650:
649:
644:
629:
628:
584:
558:
540:
530:
513:
493:
460:
446:
434:
417:
415:AP1, Art 44(2)
408:
396:
381:
379:
376:
375:
374:
369:
362:
359:
329:
326:
314:
313:
310:child soldiers
303:
300:special forces
296:reconnaissance
289:
281:
258:Main article:
255:
252:
244:
243:
231:
228:
227:
226:
223:
220:
217:
203:
183:
180:
157:
154:
152:
149:
110:
107:
53:armed conflict
15:
9:
6:
4:
3:
2:
659:
648:
645:
643:
640:
639:
637:
624:
618:
610:
606:
602:
595:
588:
580:
576:
572:
568:
562:
554:
550:
544:
534:
528:Article 51.3)
527:
523:
517:
509:
505:
502:
497:
491:
487:
484:
479:
475:
471:
464:
456:
450:
444:IHL Databases
443:
438:
430:
424:
422:
412:
405:
400:
392:
386:
382:
373:
370:
368:
367:Non-combatant
365:
364:
358:
356:
352:
347:
343:
339:
335:
325:
323:
319:
311:
307:
304:
301:
297:
293:
290:
287:
282:
279:
275:
271:
267:
266:
265:
261:
251:
249:
241:
237:
232:
229:
224:
221:
218:
215:
214:
212:
208:
204:
201:
197:
193:
189:
188:
187:
179:
177:
172:
170:
169:
163:
148:
145:
140:
137:
133:
129:
128:
123:
120:
116:
106:
104:
100:
96:
91:
89:
85:
82:, whether as
81:
77:
73:
69:
65:
61:
56:
54:
50:
43:
39:
36:conducting a
35:
32:
28:
22:
21:UXV Combatant
617:cite journal
604:
600:
587:
578:
574:
561:
543:
533:
516:
496:
469:
463:
449:
437:
411:
399:
385:
342:domestic law
338:insurrection
331:
315:
269:
263:
245:
235:
192:armed forces
185:
173:
166:
159:
141:
127:jus in bello
125:
112:
103:domestic law
99:insurrection
92:
62:to the 1949
57:
48:
47:
306:Mercenaries
144:Protocol II
115:distinction
642:Law of war
636:Categories
378:References
248:Protocol I
238:after the
132:Protocol I
168:ipso jure
122:civilians
119:protected
72:chaplains
49:Combatant
569:(2009).
504:Archived
486:Archived
476:–
361:See also
196:militias
34:soldiers
607:(881).
346:Taliban
274:perfidy
581:: 308.
160:Under
38:patrol
611:: 52.
597:(PDF)
292:Spies
236:levée
623:link
70:and
298:or
276:or
198:or
86:or
638::
619:}}
615:{{
605:93
603:.
599:.
579:85
577:.
573:.
551:.
420:^
308:,
90:.
625:)
288:.
242:.
23:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
.jpg)