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| − | '''Non-combatant''' is a term in the [[law of war]] describing |
+ | '''Non-combatant''' is a term in the [[law of war]] describing civilians who are not taking a direct part in hostilities,<ref>Article 51.3 of [[Protocol I]] to the [[Geneva Conventions]] explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".</ref> persons – such as [[combat medic|medical personnel]] and [[military chaplain]]s – who are members of the [[armed forces]] but are protected because of their specific duties (as described in [[Protocol I]] of the [[Geneva Conventions]], adopted in June 1977); and [[combatants]] who are ''[[hors de combat]]'' ("outside the fight"); that is, sick, wounded, detained, or otherwise disabled. |
Article 50 Protocol I defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are [[unprivileged combatant]]s) 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 [[Sovereign state|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 international law|customary laws of war]] and is binding on all [[belligerent]]s. |
Article 50 Protocol I defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are [[unprivileged combatant]]s) 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 [[Sovereign state|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 international law|customary laws of war]] and is binding on all [[belligerent]]s. |
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:(b) taking of [[hostage]]s; |
:(b) taking of [[hostage]]s; |
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:(c) outrages upon personal dignity, in particular humiliating and degrading treatment; |
:(c) outrages upon personal dignity, in particular humiliating and degrading treatment; |
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| − | :(d) the passing of |
+ | :(d) 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. |
==Notes and references== |
==Notes and references== |
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{{seealso|Rule of Law in Armed Conflicts Project}} |
{{seealso|Rule of Law in Armed Conflicts Project}} |
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[[Category:Laws of war]] |
[[Category:Laws of war]] |
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| − | [[ja:戦闘員]] |
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Revision as of 19:00, 30 November 2013
Non-combatant is a term in the law of war describing civilians who are not taking a direct part in hostilities,[1] persons – such as medical personnel and military chaplains – who are members of the armed forces but are protected because of their specific duties (as described in Protocol I of the Geneva Conventions, adopted in June 1977); and combatants who are hors de combat ("outside the fight"); that is, sick, wounded, detained, or otherwise disabled.
Article 50 Protocol I defines a civilian as a person who 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 belligerents.
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:
- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
- (b) taking of hostages;
- (c) outrages upon personal dignity, in particular humiliating and degrading treatment;
- (d) 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.
Notes and references
- ↑ Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".