GARRAWAY Charles H.B., ““Combatants” – Substance or Semantics?”, in SCHMITT Michael & PEJIC Jelena (eds), International Law and Armed Conflict: Exploring the Faultlines, Essays in Honour of Yoram Dinstein, M. See also Unlawful combatants, Detention DEFINITIONĬRAWFORD Emily, The Treatment of Combatants and Insurgents under the Law of Armed Conflict, Oxford, OUP, 2010, 213 pp. during such time as he is visible to the adversary while engaged in a military deployment preceding the launching of an attack in which he is to participate.Ī combatant who falls into the power of an adverse party to the conflict is a prisoner of war.
Notably, in international armed conflicts governed by Additional Protocol I, a combatant distinguishes himself sufficiently if he carries his arms openly: However, he is to be given protections equivalent in all respects to those provided to prisoners of war under the third Geneva Convention. Members of the regular armed forces who profess allegiance to a government or authority not recognized by the other Party to the conflict.Ĭombatants are required to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack.Ī combatant who fails to distinguish himself while he is engaged in an attack or in a military operation preparatory to an attack loses his combatant status if he is captured, which means he does not have prisoner ofwar status and can be tried for an act of war.
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