Combatant
146707
224471845
2008-07-09T00:05:28Z
SieBot
4005189
robot Adding: [[pl:Kombatant]]
A privileged '''combatant''' is a person who takes a direct part in the hostilities of an armed conflict within the [[law of war]] and is someone who upon capture qualifies as a [[prisoner of war]] under the [[Third Geneva Convention]] (GCIII). An [[unlawful combatant]] is a [[civilian]],<ref>[http://www.icrc.org/web/eng/siteeng0.nsf/html/terrorism-ihl-210705 The relevance of IHL in the context of terrorism] 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 detaining state for such action".</ref><ref>This point is found in Article 51.3 of the Geneva Conventions [[Protocol I]] "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". ([http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 Geneva Conventions Protocol I] Article 51.3) </ref> such as a [[mercenary]], who takes a direct part in the hostilities, but who upon capture does not qualify for prisoner of war status.<ref>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 ''International Convention against the Recruitment, Use, Financing and Training of Mercenaries''. It entered into force on [[20 October]] [[2001]] and is usually known as the [[UN Mercenary Convention]]– [http://www.un.org/documents/ga/res/44/a44r034.htm International Convention against the Recruitment, Use, Financing and Training of Mercenaries] 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 the case may be, commits an offence for the purposes of the Convention.''" – [http://www.ohchr.org/english/law/mercenaries.htm International Convention against the Recruitment, Use, Financing and Training of Mercenaries]</ref>
== Overview ==
To qualify for prisoner of war status persons waging war must have the following characteristics to be protected by the laws of war:
# Members of the armed forces of a Party to the conflict
# or members of militias not under the command of the armed forces
#* that of being commanded by a person responsible for his subordinates;
#* that of having a fixed distinctive sign recognizable at a distance;
#* that of carrying arms openly;
#* that of conducting their operations in accordance with the laws and customs of war.
# or are members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
# or 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.
For those 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" ([[Protocol I]]) the definition of "combatant" is altered by
:Article 44 .3
:...Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly::
::( a ) During each military engagement, and
::( b ) During such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.
''Hors de combat'': a combatant who has [[Surrender_(military)|surrendered]] or been captured becomes a [[prisoner of war]] (POW).
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" (Additional Protocol I Art 45(1)) to decide the issue. Combatants who may be deemed not to benefit from such protection accorded by the Third Geneva Convention include [[Spy|spies]], [[Mercenary|mercenaries]], members of militias not under the command of the armed forces who do not fit into the categories specified above, and those who have breached other ''laws or customs of war'' (for example by fighting under a [[white flag]]).
Most combatants who do not qualify for protection under the Third Geneva Convention do so under the [[Fourth Geneva Convention]] (GCIV), which concerns [[civilian]]s, until they have had a "fair and regular trial". If found guilty at a regular trial, they can be punished under the civilian laws of the detaining power. The last time that American and British unlawful combatants were executed after "a regularly constituted court" was [[Luanda Trial]] in [[Angola]] in June [[1976]].
== See also ==
* [[Non-combatant]]
== References ==
<references />
== External links ==
* [http://www.tamilnation.org/humanrights/humanitarian_law/index.htm Humanitarian Law & Armed Conflict]
[[Category:Laws of war]]
[[Category:People associated with war]]
[[de:Kombattant]]
[[he:לוחם חוקי]]
[[lt:Kombatantas]]
[[ja:戦闘員]]
[[pl:Kombatant]]
[[ru:Комбатант]]
[[sv:Kombattant]]