Please enable JavaScript.
Coggle requires JavaScript to display documents.
Combatant of war, AP.I - 1+2 criteria - Coggle Diagram
Combatant of war
Rules
Only combatants have a right to attack the adversary.
Must respect IHL
If not - punishment
the POW status isnt lost
obliged to distinguish themselves from civilian population
In case of
attacking
preparatory operation
In case of being caputrred
POW status
Means
special protection under GC.III.
rights and duties
Capture is not a punishment
General obligations
Humane treatment (GC.III art. 13)
Proibits
Acts of violence
omission by the DP causing death/damages
medical/scientific experiments
Respect for the integrity and honor (GC.III art. 14)
retain the full civil capacity
Maintenance e (GC III art. 15)
maintain and provide medical care
Equality of treatment (GC.III art. 16)
duty to treat detainees equally
Combatant arrested
loss of
combatant status
POW
status
BUT still treated as POW
Has combatant status?
YES
Members of the armed forces
Exception
medical and religious personnel.
Participants in a levée en masse
All civilians who take up arms
Goal
Protection of the land against invadors
IHL
They must distinguish themselves
Spontaneous fight
In “non-occupied territory”
Parlementary
act of treachery
therefore treted as a
Members organized resistance movements
Civilians who take up the arms
part of resistance forces
GC.III : 1+4 criteria
link of militia to a party to the conflict
organized military members
distinctive sign recognizable at distance
carry their arms openly
conducting operations respecting laws and customs of war
person has a POW status
NO
spy
Individual under false pretenses
seeks to obtain information of a belligerent
Will be able to posses POW only if:
wears the uniform of his armed forces
a resident of territory occupied
does not act on false pretenses
mercenary
get payed for the service
specially recruited
direct part in hostilities
Not a national of a party to the conflict/resident
Not a member of the armed forces
No official mission
Children under 15
Non-recognition of belligerent
between states
fight in IAC
must not have no effect on combatant status
for a government in exile
Purpose of distinction
identify the POW status
loss of POW status
if combatant did not ditnguish from civilian
Consequences
criminal jurisdiction of the state which captured
He is a spy or mercenary
Definition
Combatants
Members of the armed forces
Has a right to participate in hostilities
hostilities between States
NIAC = no combat status
no POW status
IAC
only
Incorporated members
Police forces
Militias
volunteer corps
paramilitary organization
private security bodies
Unlawful combatant
belongs to an armed group
do not fulfil the conditions for
combatant status
according to IHL
Civilian
status of a person
“detained” is uncertain
POW status (provisionally)
AP.I - 1+2 criteria
based on GC.III criteris, but reduced