Concept

Combatant

Summary
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, 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. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In addition to having the right to participate in hostilities, combatants have the right to the status of prisoners of war when captured during an international armed conflict. "While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war." The requirement of distinction between combatants and civilians lies at the root of the jus in bello. It is reflected in Article 48 of Protocol Additional I of 1977 to the 1949 Geneva Conventions 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." Under international humanitarian law (IHL, aka the rules of armed conflict) combatants may be classified in one of two categories: privileged or unprivileged.
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