STATUS OF COMBATANTS AND CIVILIANS DURING ARMED CONFLICTS

Abstract

The status or legal condition of combatants and civilians during armed conflict is a fundamental issue under International Humanitarian Law, as it relates to a person’s legal rights, duties, liabilities and other legal conditions which are recognized and maintained by international humanitarian law. It entails, the capacity for the exercise and enjoyment of legal rights, right to basic medical facilities, right to enjoy prisoner of war status for those fighting, because even when individuals are not involved in the armed conflict they endure horrifying suffering, bombing, famine, hunger and genocide as civilians. There is also a need to distinguish between combatants and civilians during armed conflict to avoid unnecessary humanitarian catastrophe to the civilian population during the period of the conflict. This is necessary in order to protect the human rights of the people who are not participants in the conflict in accordance with international humanitarian law, and even as combatants the participants in the armed conflict still have rights under international humanitarian law. This paper discusses the status of combatants and civilians in armed conflict under international humanitarian law, with a focus on the provisions of the 1949 Geneva Conventions particularly the Third Geneva Convention, the 1977 Additional Protocols, and the Hague Regulations of 1899 and 1907. It explores key questions such as: Who qualifies as a combatant? Who is considered a civilian? What constitutes an armed conflict? What is the legal status of combatants and civilians during such conflicts? What guidelines exist, and what protections are available for civilians? These and related issues form the core subject matter of this paper.