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Combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In addition to having the right to participate in hostilities, combatants have the right to the status of prisoners of war when captured during an international armed conflict. "While all comb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-combatant
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties (as currently described in Protocol I of the Geneva Conventions, adopted in June 1977); combatants who are placed '' hors de combat''; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864. History Pre-Geneva Conventions The Hague Conventions of 1899 and 1907 were one of the first multi-country treaties to agree on rights for non-combatants. These meetings occurred in 1899 and in 1907. Three treaties were signed and put into effect in 1899, including the treatment of prisoners of war and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangible benefit. A person who commits espionage is called an ''espionage agent'' or ''spy''. Any individual or spy ring (a cooperating group of spies), in the service of a government, company, criminal organization, or independent operation, can commit espionage. The practice is clandestine, as it is by definition unwelcome. In some circumstances, it may be a legal tool of law enforcement and in others, it may be illegal and punishable by law. Espionage is often part of an institutional effort by a government or commercial concern. However, the term tends to be associated with state spying on potential or actual enemies for military purposes. Spying involving corporations is known as industrial espionage. One of the most effective ways to gath ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law In Armed Conflicts Project (RULAC)
The Rule of Law in Armed Conflicts Project (RULAC Project) is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict. Overview Through a global database and analysis, the RULAC Project has as its aim an assessment of the implementation by states of the law applicable in armed conflicts: *international humanitarian law *international human rights law *international criminal law * refugee law The project will ultimately cover all member states of the United Nations and parties to the Geneva Conventions as well as contested territories, whether they are in situation of armed conflict or not. Indeed, certain international rules must be implemented during peacetime or are relevant in post-conflict situations, in particular those relating to the repression of international crimes. In addition, the rules regarding the fight against terrorism, also to be covered by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the conduct and responsibilities of bell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armed Forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats. In broad usage, the terms ''armed forces'' and ''military'' are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply ''military''. A nation's military may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, because some non-combatants are not civilians (for example, military chaplains who are attached to the belligerent party or military personnel who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one (a civil war) or an international one. In some nations, uniformed members of civilian police or fire departments colloquially refer to members of the public as civilians. Etymology The word "civilian" goes back to the late 14th century and is from Old French '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Soldier
Children (defined by the Convention on the Rights of the Child as people under the age of 18) have been recruited for participation in military operations and campaigns throughout history and in many cultures. Children in the military, including state armed forces, non-state armed groups, and other military organizations, may be trained for combat, assigned to support roles such as porters or messengers, or used for tactical advantage as human shields or for political advantage in propaganda. Children are targeted for their susceptibility to influence, which renders them easier to recruit and control. While some are recruited by force, others choose to join up, often to escape poverty or because they expect military life to offer a rite of passage to maturity. Child soldiers who survive armed conflict frequently develop psychiatric illness, poor literacy and numeracy, and behavioral problems such as heightened aggression, which together lead to an increased risk of unemploy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protocol I
Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War. Ratification status As of February 2020, it had been ratified by 174 states, with the United States, Israel, Iran, Pakistan, India, and Turkey being notable exceptions. However, the United States, Iran, and Pakistan signed it on 12 December 1977, which signifies an intention to work towards ratifying it. The Iranian Revolution has occurred in the interim. Russia On 16 October 2019, Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, nddamage to civilian objects" is also covered. Even an attack not aimed at civilians is prohib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UN Mercenary Convention
The United Nations Mercenary Convention, officially the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, is a 2001 United Nations treaty that prohibits the recruitment, training, use, and financing of mercenaries. At the 72nd plenary meeting on 4 December 1989, the United Nations General Assembly concluded the convention as its resolution 44/34. The convention entered into force on 20 October 2001International Convention against the Recruitment, Use, Financing and Training of Mercenaries A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary Convention †’ and has been ratified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
