38:
66:, 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.
294:
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
182:(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".
175:
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
491:
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
548:
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
521:
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
149:
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."
244:
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
359:
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
478:
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
466:"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"
157:
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."
261:), 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.
89:) 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
257:
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" (
185:
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
402:"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"
291:). 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.
355:
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
401:
633:
514:
382:
465:
305:, i.e. persons who collect information clandestinely in the territory of the opposing belligerent. Members of the armed forces conducting
535:"Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". (
116:
of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms.
536:
559:
496:
619:
365:
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Members of regular armed forces who profess allegiance to a government or an authority not recognized by the
Detaining Power.
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323:, and civilians who take a direct part in combat and do not fall into one of the categories listed in the previous section.
563:
361:
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which they are nationals has normal diplomatic representation in the State in whose hands they are." (GCIV Article 4)
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Most unprivileged combatants who do not qualify for protection under the Third Geneva Convention do so under the
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335:". If found guilty at a regular trial, they can be punished under the civilian laws of the detaining power.
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220:, belonging to a party to the conflict and operating in or outside their own territory, even if this
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Members of other militias and members of other volunteer corps, including those of organized
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International Convention against the Recruitment, Use, Financing and Training of Mercenaries
489:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries
481:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries
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is the legal status of a person entitled to directly participate in hostilities during an
8:
652:
221:
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146:
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In an interstate conflict, the definition of "combatant" is found in Article 43 (2) of
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The following categories of combatants qualify for prisoner-of-war status on capture:
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78:
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In a non-interstate conflict, no requirement of distinction exists under Additional
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behind enemy lines are not considered spies as long as they wear their own uniform.
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There are several types of combatants who do not qualify as privileged combatants:
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that of conducting their operations in accordance with the laws and customs of war.
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the case may be, commits an offence for the purposes of the Convention." –
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560:"Former Taliban Commander Charged with Killing American Troops in 2008"
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483:. It entered into force on 20 October 2001 and is usually known as the
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70:
27:
Person who takes a direct part in the hostilities of an armed conflict
603:
Annyssa Bellal, Gilles Giacca, and Stuart Casey-Maslen (March 2011).
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that of being commanded by a person responsible for his subordinates;
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109:
176:
IHL may lose their status and become unprivileged combatants either
77:: "Members of the armed forces of a Party to a conflict (other than
331:(GCIV), which concerns protected civilians, until they have had a "
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Combatants who would otherwise be privileged but have breached the
230:
that of having a fixed distinctive sign recognizable at a distance;
132:
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284:
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44:
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In a non-interstate armed conflict, combatants who fought with
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In a non-interstate armed conflict, combatants who fought with
48:
605:"International law and armed non-state actors in Afghanistan"
582:"Targeting and International Humanitarian Law in Afghanistan"
347:
are not afforded immunity for taking part in hostilities, as
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are not afforded immunity for taking part in hostilities, as
364:(the conflict became non-interstate not long after the
224:, provided that they fulfill the following conditions:
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Distinction between combatants and protected civilians
576:
205:of a Party to the conflict as well as members of
55:. They would be considered combatants in the war.
644:
512:The relevance of IHL in the context of terrorism
338:
383:Rule of Law in Armed Conflicts Project (RULAC)
251:mass conscription during the French Revolution
141:. It is reflected in Article 48 of Additional
124:In an interstate conflict, the requirement of
566:'s Office of Public Affairs. October 7, 2021.
632:: CS1 maint: multiple names: authors list (
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468:. International Humanitarian Law Datebases.
404:. International Committee of the Red Cross.
442:. The Practical Guide to Humanitarian Law.
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30:For the proposed aircraft carrier, see
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620:International Review of the Red Cross
366:United States invasion of Afghanistan
289:killing surrendered enemy combatants
564:United States Department of Justice
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213:forming part of such armed forces.
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522:detaining state for such action".
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173:international humanitarian law
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537:Geneva Conventions Protocol I
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339:Non-interstate armed conflict
233:that of carrying arms openly;
85:covered by Article 33 of the
368:ended on December 7, 2001).
7:
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10:
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612:International Law Studies
586:International Law Studies
167:Interstate armed conflict
329:Fourth Geneva Convention
135:lies at the root of the
485:UN Mercenary Convention
453:Article 48 - Basic rule
440:"Nonstate Armed Groups"
415:Third Geneva Convention
281:laws and customs of war
265:Unprivileged combatants
189:) to decide the issue.
187:Third Geneva Convention
128:between combatants and
345:non-state armed groups
333:fair and regular trial
271:Unprivileged combatant
106:non-state armed groups
56:
533:Additional Protocol I
351:is a crime under the
297:Additional Protocol I
222:territory is occupied
193:Privileged combatants
112:is a crime under the
71:Additional Protocol I
40:
499:May 8, 2012, at the
218:resistance movements
162:Status of combatants
145:of 1977 to the 1949
51:in 2011, during the
42:Afghan National Army
531:Article 51 (3) of
99:unlawful combatants
658:Combat occupations
578:Michael N. Schmitt
517:2006-11-29 at the
362:War in Afghanistan
283:(e.g., committing
147:Geneva Conventions
75:Geneva Conventions
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53:War in Afghanistan
417:, Article 4(A)(1)
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87:Third Convention
79:medical personnel
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110:insurrection
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73:to the 1949
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317:Mercenaries
155:Protocol II
126:distinction
653:Law of war
647:Categories
389:References
259:Protocol I
249:after the
143:Protocol I
18:Combatants
179:ipso jure
133:civilians
130:protected
83:chaplains
60:Combatant
580:(2009).
515:Archived
497:Archived
487:–
372:See also
207:militias
45:soldiers
618:(881).
357:Taliban
285:perfidy
592:: 308.
171:Under
49:patrol
622:: 52.
608:(PDF)
303:Spies
247:levée
634:link
81:and
309:or
287:or
209:or
97:or
649::
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626:{{
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431:^
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34:.
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