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Law Outlines International Humanitarian Law / Law of Armed Conflict Outlines

International Humanitarian Law Combatants And Civilians Outline

Updated International Humanitarian Law Combatants And Civilians Notes

International Humanitarian Law / Law of Armed Conflict Outlines

International Humanitarian Law / Law of Armed Conflict

Approximately 63 pages

Hello! This is my outline for International Humanitarian Law (IHL), also called Law of War or Law of Armed Conflict. It covers all the main topics in detail, including when a state can lawfully use force, international armed conflicts, non-international armed conflicts, belligerent occupation, targeting, means and methods of war, protected persons and objects, prisoners of war and civilian detainees, humanitarian aid, international criminal accountability, and the interaction of IHL and human rig...

The following is a more accessible plain text extract of the PDF sample above, taken from our International Humanitarian Law / Law of Armed Conflict Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

[IAC] Combatants and Civilians 2

Combatants 2

Geneva Convention III, Art. 4 2

Geneva Convention III, Art. 5 2

Additional Protocol I, Art. 43 3

Additional Protocol I, Art. 44 3

Combatants in General 3

Non-Combatant Members of Armed Forces 4

Medical and Religious Personnel 4

Unlawful Combatants 4

Spies 4

Political Leaders 5

Child Soldiers 5

Prisoners of War 5

Civilians 6

Additional Protocol I, Art. 50 6

Civilians in General 6

Police, Gendarmerie, Domestic Security 6

Mercenaries 6

Note on citations:

For treaties, I have used an abbreviation, followed by a period and the article number. Thus Geneva Convention IV, Article 42 becomes “GC4.42.” Article 2 Common to the Geneva Conventions becomes GC.CA2. The Hague Regulations are HR, and the Protocols Additional to the Geneva Conventions are AP1 & AP2.

Citations in the form “HB000” refer to section numbers in Fleck, The Handbook of International Humanitarian Law (3rd ed.).

I’ve also cited certain academic articles, commentaries and government documents:

ILA-Sydney refers to the International Law Association’s 2018 Sydney Conference Report on the Use of Force.

Sassòli refers to Marco Sassòli’s 2015 article “Combatants” in the Max Planck Encyclopedia of Public International Law.

DoD refers to the US Department of Defense Law of War Manual (Dec. 2016 Update).

ICRC guidance on civilians directly participating in hostilities refers to Nils Melzer (ICRC) Interpretive Guidance (2009).

Lubell refers to Noam Lubell, “Fragmented Wars: Multi-Territorial Military Operations Against Armed Groups” 93 International Legal Studies 215 (2017).

[IAC] Combatants and Civilians

**This is all IAC stuff, not NIAC, which does not have combatant status**

Combatants

Geneva Convention III, Art. 4

A.— Prisoners of war,in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

  1. [combatant] Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.

  2. [combatant] Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: [conjunctive]

    1. that of being commanded by a person responsible for his subordinates;

    2. that of having a fixed distinctive sign recognizable at a distance;

    3. that of carrying arms openly;

    4. that of conducting their operations in accordance with the laws and customs of war.

  3. [combatant] Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

  4. [civilian] Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card.

  5. [civilian] Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

  6. [combatant] Inhabitants of a NON-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B.— The following shall likewise be treated as prisoners of war under the present Convention:

  1. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them … made an unsuccessful attempt to rejoin the armed forces to which they belong… or where they fail to comply with a summons…

  2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law …

Geneva Convention III, Art. 5

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

Additional Protocol I, Art. 43

  1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.

  2. Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33of GC3) are combatants, that is to say, they have the right to participate directly in hostilities.

  3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.

Additional Protocol I, Art. 44

  1. Any combatant, as...

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