Lesson 7 Questions Individuals in armed conflicts Flashcards
Individuals in armed conflicts (15 cards)
Who is considered a combatant according to the GC and IV Hague Convention?
A person who meets the criteria in GC III, Art. 4 and 1907 Hague IV, Art. 1: member of armed forces of a party, commanded, carries arms openly, wears distinctive signs, and follows IHL. Entitled to PoW status.
What are the main criteria for an individual to be recognized as a combatant?
Belong to armed forces, be commanded, wear a distinctive sign, carry arms openly, and follow laws of war. Missing any means loss of combatant privilege and PoW status.
What does ‘being commanded by a person responsible for his subordinates’ mean?
Belonging to a command hierarchy where the leader is accountable for the group’s actions and maintains discipline, enabling enforcement of IHL.
What are the rules on combatant status in AP I, Art. 44(3)?
Combatants can retain status without always wearing a uniform, if they carry arms openly during military operations. Designed for guerrilla warfare but controversial for blurring civilian-combatant distinction.
Are members of a ‘levee en masse’ combatants?
Yes, per Hague IV, Art. 2, if they carry arms openly and follow IHL before the territory is occupied.
Why is it important to be recognized as a combatant?
Grants combatant privilege and PoW protections; prevents prosecution for lawful acts of war; ensures humane treatment if captured.
Are non-state participants in NIACs entitled to combatant and PoW status?
No. PoW status applies only in IACs. In NIACs, fighters can be prosecuted under national law but must be treated humanely under Common Article 3 and customary IHL.
What does ‘unlawful combatant’ mean and what protections apply?
A person taking part in hostilities without combatant status. No PoW rights but protected by Common Art. 3 and human rights law. May be prosecuted.
What is the status of a civilian directly participating in hostilities?
Temporarily loses protection from attack during direct participation. Regains it once they stop. Can be prosecuted under domestic law.
How do PoW rights differ from Common Article 3 detainees?
PoWs get extensive GC III rights. Common Article 3 detainees get basic humane treatment, no combatant privilege, and no automatic release post-conflict.
What does ‘hors de combat’ mean in IHL?
Refers to individuals out of the fight (wounded, surrendered, captured). Must not be attacked and must be treated humanely.
Are civilians protected as sick or wounded under IHL?
Yes, under AP I, Art. 8(a), civilians needing medical care are protected, ensuring equal treatment and reinforcing medical neutrality.
Why do medical personnel carry light weapons?
For self-defence or protection of patients. Must be defensive use only to retain protected status under GC I, Art. 22.
Are all civilians protected under GC IV?
Yes, if in the hands of a party to the conflict they are not nationals of. Others still protected by Common Art. 3, customary IHL, and HR law.
What are the conditions for belligerent occupation?
Effective control by a foreign power, no consent from sovereign state, and displaced local authority. Defined in Hague Regulations, Art. 42.
