Non-combatant
Encyclopedia
Non-combatant is a term in the law of war describing civilian
s not taking a direct part in hostilities, as well as (under Protocol I
of the Geneva Conventions
, adopted in June 1977) persons such as medical personnel
and military chaplain
s who are regular soldiers but are protected because of their function as well as soldier
s who are hors de combat
("outside the fight"); that is, sick, wounded, detained, or otherwise disabled.
Article 50 Protocol I defines a civilian is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court
also prohibits attacks directed against civilians. Not all states
have ratified Protocol I or the Rome Statute, but it is an accepted principle of international humanitarian law
that the direct targeting of civilians is a breach of the customary laws of war
and is binding on all belligerent
s.
Article 3 in the general section of the Geneva Conventions
states that in the case of armed conflict not of an international character (occurring in the territory of one of the High Contracting Parties) that each Party to the conflict shall be bound to apply, as a minimum, the following provisions to non-combatants:
They shall in all circumstances be treated humanely, with the following prohibitions: violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; taking of hostage
s; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences
and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s not taking a direct part in hostilities, as well as (under Protocol I
Protocol I
Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern...
of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, adopted in June 1977) persons such as medical personnel
Combat medic
Combat medics are trained military personnel who are responsible for providing first aid and frontline trauma care on the battlefield. They are also responsible for providing continuing medical care in the absence of a readily available physician, including care for disease and battle injury...
and military chaplain
Military chaplain
A military chaplain is a chaplain who ministers to soldiers, sailors, airmen, marines and other members of the military. In many countries, chaplains also minister to the family members of military personnel, to civilian noncombatants working for military organizations and to civilians within the...
s who are regular soldiers but are protected because of their function as well as soldier
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
s who are hors de combat
Hors de combat
Hors de Combat, literally meaning "outside the fight," is a French term used in diplomacy and international law to refer to soldiers who are incapable of performing their military function. Examples include a downed fighter pilot, as well as the sick, wounded, detained, or otherwise disabled...
("outside the fight"); that is, sick, wounded, detained, or otherwise disabled.
Article 50 Protocol I defines a civilian is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
also prohibits attacks directed against civilians. Not all states
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
have ratified Protocol I or the Rome Statute, but it is an accepted principle of international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
that the direct targeting of civilians is a breach of the customary laws of war
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
and is binding on all belligerent
Belligerent
A belligerent is an individual, group, country or other entity which acts in a hostile manner, such as engaging in combat. Belligerent comes from Latin, literally meaning "to wage war"...
s.
Article 3 in the general section of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
states that in the case of armed conflict not of an international character (occurring in the territory of one of the High Contracting Parties) that each Party to the conflict shall be bound to apply, as a minimum, the following provisions to non-combatants:
They shall in all circumstances be treated humanely, with the following prohibitions: violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; taking of hostage
Hostage
A hostage is a person or entity which is held by a captor. The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war...
s; outrages upon personal dignity, in particular humiliating and degrading treatment; the passing of sentences
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.