The combatant is who? Who is called a combatant and what is his international status?

Once upon a time in Europe it was decided that warring armies would converge in an open field and decide questions about who was the main one, whose territory it was, and engaged in other political "showdowns". But even at that time, many military commanders hired so-called routers, who robbed and killed the population without any rules, and the knights had nothing to do with it. Therefore, the question arose of who exactly can fight during an armed conflict, how these people should be called. So the term "combatant" appeared. This word came to us from the French language, it began to denote a person who takes a direct part in any conflict with a weapon in hand.

Who are combatants?

Such people existed always, but they acquired a special legal status relatively recently. This happened at the beginning of the last century, in 1907, when the so-called Fourth Hague Convention was adopted. In this Dutch city, in which, according to tradition, many international issues are being resolved, a special conference was held.

As a result of rather lengthy and sharp discussions, the participants agreed on the criteria by which fighters of warring forces can be called in a special way. So, combatants in international law are people taking part in an armed conflict, but they are noticeably different from other groups that use force methods.

Specificity and differences

Of course, this type of combatants are official soldiers. But since military operations are conducted not only by regular armies, but sometimes by different militias, it was decided that they are combatants. To this end, volunteer units must meet certain criteria. First of all, they must have a boss who is responsible for their actions. They should have some distinctive signs or a form that will immediately show that they are fighters, not civilians. And these people must have weapons openly. In addition, they must observe humanitarian law while conducting military operations, as well as regular military ones.

What is relied on by combatants

Incidentally, such "recognized fighters" may include civilians who took up arms because of an unexpected invasion by the enemy army, if the regular forces did not manage to protect this territory and left their units there. But they must meet all of the above criteria. True, citizens of those countries that became parties to the First Protocol to the Geneva Conventions of 1948 do not necessarily have a distinctive sign. Nevertheless, the remaining demands, including the open carrying of weapons, so that the opposite side knows who to shoot, remain. This means that the combatant is a person who voluntarily expose himself to the risk of being wounded and killed. In case of his capture by enemies, he has the right to the status of a prisoner of war. And it should be treated accordingly.

If we are talking about military pilots, then they are not allowed to shoot if they land on parachutes from a downed plane, and then they should be invited to surrender.

Privileged and unprivileged combatant

This distinction between different types of fighters proceeds from the following: while fighting de facto, de jure certain groups of people may not meet the criteria of the Hague Convention. For example, if soldiers or militiamen shoot prisoners, they finish off the wounded or otherwise violate humanitarian law. In addition, spies, mercenaries, anyone who does not fall under the categories described above, are unprivileged combatants. International law requires that if there is any doubt as to which type of combatant the person belongs, it was initially held as a prisoner of war, and then the special tribunal decides his fate.

What can a combatant count?

It depends on many factors. The Additional Protocol to the Geneva Conventions of 1977 grants the status of combatants to combatants, even if their authority or superiors are not officially recognized as a hostile party. The state itself is responsible for the fighter himself, or at least his command. It gives him the right to kill and shoot for defeat, but he has no right to order him to violate the laws of war and human rights.

Combatants are recently called not only participants in the international conflict, but also representatives of the belligerent and insurgent side, when it comes to internal problems of one state. But in this case, all of them must meet the legal criteria. As for the unprivileged combatants, they are protected by the Third and Fourth Geneva Conventions. They should expect fair justice.

Who are non-combatants?

Contrary to popular belief, it is not only civilians and civilians. Combatants and non-combatants are, first of all, the difference between people in the armed forces (not so important, regular or voluntary), but not directly fighting. These people can serve the army, be journalists, lawyers, clergymen, but do not take part in hostilities. They are allowed to use weapons solely for self-defense. Therefore, international humanitarian law prohibits making them targets for military operations, except when they themselves begin to engage in battle and lose their status. If they are detained, they are not prisoners of war. Their murder is a crime against human rights.

Non-combatants also include people de jure are fighters, but do not take part in battles. States that have not ratified all the treaties necessary for the observance of humanitarian law, for example, the Rome Statute of the International Criminal Court, are obliged, at least, not to subject non-combatants to torture, not to humiliate their dignity, not to take hostages, and so on.