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Chapter 6: Individual Battlefield Status

Chapter 6: Individual Battlefield Status

pp. 168-208

Authors

, United States Military Academy
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Summary

Chapter 6 relates the individual status of the “players” on an armed conflict battlefield. It is the second question students should answer (after the conflict’s status) because the players’ status determines their rights and legal duties in the conflict. Civilians and combatants predominate, of course, but there are numerous subcategories for both: prisoners of war, retainees, militia, persons accompanying the armed forces, levée en masse fighters, spies, and mercenaries. Each category is explained and placed in relation to the other players. What if a civilian captured with weapons claims noncombatant status? LOAC provides for an informal tribunal. How is the familiar “farmer-by-day-fighter-by-night” dealt with? Who is an “unprivileged belligerent” and are they the same as an “unlawful combatant”? What status for a civilian who directly participates in hostilities and what are their battlefield rights, if any? Who is a “protected person” and what makes them such? These statuses and more are considered, along with their positions vis-à-vis the combatants who engage in combat with them.

Keywords

  • civilian
  • combatant
  • prisoner of war
  • militia
  • levée en masse
  • mercenary
  • spy
  • unlawful combatant
  • protected person

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