Once upon a time in Europe was adopted to the warring armies converged in the open field and decide questions as to who's in charge, whose territory is, and engaged in other political "showdown".But while many captains hired so-called ruterov who robbed and killed people without any rules, and the knights were supposedly innocent.So was the question arises of who can fight in an armed conflict, as those people need to be called.Thus was born the term "combatant".The word comes to us from the French, it came to mean a person who is directly involved in any conflict with arms.
Who are the combatants
Such people have always existed, but the special legal status acquired relatively recently.This happened at the beginning of the last century, in 1907, when it adopted the so-called Fourth Hague Convention.In this Dutch city, in which, according to tradition, dealt with many issues of international importance held a special conference.
As a result, quite a lengthy and acrimonious debate, participants agreed among themselves the criteria by which the soldiers of the warring forces may be called in a special way.So combatants in international law - it is the people involved in the armed conflict, but it is markedly different from the other groups who use violent methods.
Specifics and differences
Of course, for this type of fighting soldiers are official.But since military operations are conducted not only by regular armies, but sometimes all sorts of militias, it was decided that the combatants are they.For this volunteer corps must meet certain criteria.Above all, they must have a chief who is responsible for their actions.They must have some distinguishing marks or shape, which it will be clear that it is the soldiers and not civilians.And the weapons these people should be open.In addition, they should respect humanitarian law in the conduct of military operations, as well as regular military.
he believes combatants
By the way, the number of such "recognized fighters" may also include civilians who had taken up arms as a result of an unexpected invasion of the enemy army if regular troops did not have time to protect this area and there have left their units.But they must meet all the above criteria.However, citizens of countries that have become party to the First Protocol to the Geneva Conventions of 1948, are not necessarily wear a distinctive sign.However, other requirements, including the open carrying of arms to the opposite side know whom to shoot, remain.This means that a combatant - a person who voluntarily exposes himself to the risk of being injured and killed.In case of capture by enemies, he is entitled to prisoner of war status.And deal with it have, respectively.
If we are talking about military pilots, it is forbidden to shoot them if they land by parachute from the downed plane, then they should be asked to surrender.
privileged and unprivileged combatants
This distinction between different types of fighters based on the following: while battling a de facto, de jure certain groups of people may not meet the criteria of the Hague Convention.For example, if the soldiers or militia shot the prisoners, finishing off wounded or otherwise violate humanitarian law.In addition, spies, mercenaries, anyone who does not fall under the above categories are unprivileged combatants.International law requires that in the event of doubt as to which is meant the person belongs to the fighting, it initially contained in a prisoner of war, and then it decides the fate of a special tribunal.
What can expect a combatant?
It depends on many factors.Protocol Additional to the Geneva Conventions of 1977 provides status of combatants fighting parties, even if the authority or authorities officially recognized by the warring parties.For most fighters responsible government, or at least his command.It gives him the right to kill and shoot to kill, but it does not have the right to order him to violate the laws of war and human rights.
combatants called recently not only the participants of an international conflict, but also representatives of belligerent and rebellious hand, if we are talking about the internal problems of the state.But in this case, they must meet legal criteria.With regard to the non-privileged combatants, they are protected by the Third and Fourth Geneva Conventions.They should expect a fair justice.
Who are non-combatants
Contrary to popular belief, it is not only civilians and civilians.Combatants and non-combatants - is, first of all, the difference between people who are in the armed forces (not so important, regular or volunteer), but do not fight directly.These people can serve the army, to be journalists, lawyers, clergy, but did not take part in hostilities.They are allowed to use weapons only for self-defense.Therefore, international humanitarian law prohibits making them targets for military action, except when they begin to engage in battle and lose their status.If they are detained, they are not prisoners of war.Their murder is a crime against human rights.
non-combatants are also people who are de jure fighters, but did not participate in the battles.States that have not ratified all the necessary respect for humanitarian law treaties such as the Rome Statute of the International Criminal Court are obliged to, at least, not to torture of non-combatants, not degrading, not to take hostages, and so on.
