Combatants and civilians

Under LOIAC, combatants in an international armed conflict fall into two alternative categories:

1. (i) Members of the armed forces of a belligerent Party (except medical and religious personnel, discussed infra, Chapter 6, I, A, (vii)–(viii)), even if their specific task is not linked to active hostilities.

2. (ii) Any other persons who take an active part in the hostilities.

LOIAC posits a fundamental principle of distinction between combatants and non-combatants (civilians) (see infra, Chapter 4, 1). The goal is to ensure in every feasible manner that international armed conflicts be waged solely among the combatants of the belligerent Parties. Lawful combatants can attack enemy combatants or military objectives, causing death, injury and destruction. In contrast, civilians are not allowed to participate actively in the fighting: if they do, they lose their status as civilians. But as long as they retain that status, civilians ‘enjoy general protection against dangers arising from military operations’.

It is not always easy to define what active participation in hostilities denotes. Usually, the reference is to ‘direct’ participation in hostilities. However, the adjective ‘direct’ does not shed much light on the extent of participation required. For instance, a driver delivering ammunition to combatants and a person who gathers military intelligence in enemy-controlled territory are commonly acknowledged to be actively taking part in hostilities. There is a disparity between the latter and a civilian who retrieves intelligence data from satellites or listening posts, working in terminals located in his home country.