This status has not been implemented in non-international armed conflicts, where, by definition, governmental armed forces fight non-state armed groups, rebels, or dissidents. Nevertheless, this status corresponds to privileges granted by States to their national armies. The combatant under the definition of the Third Geneva Convention is entitled to prisoner-of-war status and cannot be prosecuted for participation in hostilities.
This definition standardizes the regime of protection and imposes equal responsibilities on all those who take up arms. The definition of a combatant is closely linked to the notion of a prisoner of war.Īdditional Protocol I extended the notions of “combatants” and “members of armed forces” defined by the Third Geneva Convention to take into account the evolution of armed conflicts and the diversification of methods of warfare. The status of combatant gives rise to a special regime of protection, established by the Third Geneva Convention, which regulates the treatment of prisoners of war. It is this authorization to use force that distinguishes combatants from civilians.Ĭombatants can be prosecuted under national or international criminal law if they commit war crimes, crimes against humanity, or acts of genocide, even if they act under the orders of their superiors but not for their plain participation in the hostilities.
According to the definitions provided by the Geneva Conventions and their first 1977 Additional Protocols, combatants are members of national armed forces or organized groups placed under the effective control of those forces. The use of force may not occur as a result of individual initiative but must take place under a clear chain of responsible command, within the framework of respect for the rules of the law of armed conflict. But, contrary to civilians, they may not be subject to criminal prosecutions for their participation in hostilities as long as their use of force is in conformity with the provisions of the law of armed conflict, also named humanitarian law. Conversely, they constitute legitimate military targets in times of armed conflict.
Combatants are persons who are authorized to use force in situations of armed conflict by international humanitarian law.
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