Who is a lawful combatant

How 'literally' can mean "figuratively". Literally How to use a word that literally drives some pe Is Singular 'They' a Better Choice? The awkward case of 'his or her'. Take the quiz. Our Favorite New Words How many do you know?

Azubreike, L. Connecticut Journal of International Law , 19, p. Koi et al. The Privy Council held that nationals of the detaining power, as well as other persons owing it a duty of allegiance, are not entitled to POW status. International Committee of Red Cross. Accessed at www. A A Alena Angelovicova Author. Add to cart. Category of lawful and unlawful combatants Under the category of combatants fall members of an armed or irregular force of a belligerent party except religious and medical personnel or, irrespective of such membership, anybody who takes an active and direct part in hostilities in an international armed conflict.

The conduct of hostilities supra note p. Sign in to write a comment. Read the ebook. Why do states find it hard to respond Barack Obamas speech on 5 April A Doubtful Contribution.

Review of An The Status of the Individual in Inter An Introduction to Mass Surveillance The role of international law in Arti Raphael Lemkin and his struggle for t By accessing this site, you agree to use available technologies, such as cookies and analytics, to tailor content and advertising and provide tools for social media. This will be used to analyze website traffic, allowing us to understand visitor trends and improve our services. Learn more. I Accept. Home 1. Rules 2.

Practice Sources Search. Practice Home 1. Related Rule United States of America. Military Manuals. Combatants, therefore, include all members of the regularly organized armed forces of a party to the conflict except medical personnel, chaplains, civil defense personnel and members of the armed forces who have acquired civil defense status , as well as irregular forces who [fulfil the conditions for being considered armed forces].

The Report on US Practice states that the discussion on the status of combatant in the US military manuals is generally consistent with Article 43 of the Additional Protocol I. Report on US Practice, , Chapter 1. A a member of the regular forces of a State party engaged in hostilities against the United States;.

B a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or.

C a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States. II-2 and II A a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant including a person who is part of the Taliban, al Qaeda, or associated forces ; or. If they fall into enemy hands, they become prisoners of war who may not be punished for having directly participated in hostilities.

It is often considered that customary law allows a detaining power to deny its own nationals prisoner-of-war status, even if they fall into its hands as members of enemy armed forces. In any event, such persons may be punished under domestic law for their mere participation in hostilities against their own country.

Combatants have an obligation to respect International Humanitarian Law IHL , which includes distinguishing themselves from the civilian population. If they violate IHL they must be punished, but they do not lose their combatant status and, if captured by the enemy, remain entitled to prisoner-of-war status, except if they have violated their obligation to distinguish themselves. Persons who have lost combatant status or never had it, but nevertheless directly participate in hostilities, may be referred to as "unprivileged combatants" — because they do not have the combatant's privilege to commit acts of hostility — or as "unlawful combatants" — because their acts of hostility are not permitted by IHL.

The status of such persons has given rise to controversy. Some argue that they must perforce be civilians. This argument is based on the letter of IHL treaties. In the conduct of hostilities, Art. Once they have fallen into enemy hands, Art. Those who oppose that view argue that a person who does not fulfil the requirements for combatant status is an "unlawful combatant" and belongs to a third category.

Like "lawful combatants", it is claimed, such "unlawful combatants" may be attacked until they surrender or are otherwise hors de combat and may be detained without judicial decision. The logic of this argument is that those who do not comply with the conditions set for a status should not be privileged compared to those who do.

Those who insist on the complementarity and exclusivity of combatant and civilian status reply that lawful combatants can be easily identified, based on objective criteria, which they will normally not deny i. As "civilians", unprivileged combatants may be attacked while they unlawfully directly participate in hostilities. If they fall into the power of the enemy, Convention IV does not bar their punishment for unlawful participation in hostilities.