Combatant

For the proposed aircraft carrier, see UXV Combatant.
Afghan National Army soldiers conducting a patrol in 2011, during the War in Afghanistan. They would be considered combatants in the war.

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 and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.

In an interstate conflict, the definition of "combatant" is found in Article 43 (2) of Additional Protocol I to the 1949 Geneva Conventions: "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third [Geneva] Convention) are combatants, that is to say, they have the right to participate directly in hostilities."[1] Combatants when captured by an opposing party are automatically granted the status of protected persons,[2] whether as prisoners of war or unlawful combatants.[3]

In a non-interstate armed conflict, combatants who fought with non-state armed groups are not afforded immunity for taking part in hostilities, as insurrection is a crime under the domestic law of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms.[4]

  1. ^ "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977". International Committee of the Red Cross.
  2. ^ Third Geneva Convention, Article 4(A)(1)
  3. ^ AP1, Art 44(2)
  4. ^ "Nonstate Armed Groups". The Practical Guide to Humanitarian Law.