Non-combatant
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Non-combatant is a
term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...
in the law of war and
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 pro ...
to refer to
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 ...
s who are not taking a direct part in hostilities; persons, such as
combat medic A combat medic, or healthcare specialist, is responsible for providing emergency medical treatment at a point of wounding in a combat or training environment, as well as primary care and health protection and evacuation from a point of injury ...
s and
military chaplain A military chaplain ministers to military personnel and, in most cases, their families and civilians working for the military. In some cases they will also work with local civilians within a military area of operations. Although the term ''cha ...
s, who are members of the belligerent
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 ...
but are protected because of their specific duties (as currently described in Protocol I of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
, adopted in June 1977); combatants who are placed '' hors de combat''; and
neutral Neutral or neutrality may refer to: Mathematics and natural science Biology * Neutral organisms, in ecology, those that obey the unified neutral theory of biodiversity Chemistry and physics * Neutralization (chemistry), a chemical reaction in ...
persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
. This particular status was first recognized under the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
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 A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
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 A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...
and the protection of
hospital ship A hospital ship is a ship designated for primary function as a floating medical treatment facility or hospital. Most are operated by the military forces (mostly navies) of various countries, as they are intended to be used in or near war zones. I ...
s. In 1907 thirteen additional treaties were signed. These cover regulations concerning war on land, the declaration of war, the rights and responsibilities of
neutral countries A neutral country is a state that is neutral towards belligerents in a specific war or holds itself as permanently neutral in all future conflicts (including avoiding entering into military alliances such as NATO, CSTO or the SCO). As a type of ...
, and rights and restrictions during
naval war Naval warfare is combat in and on the sea, the ocean, or any other battlespace involving a major body of water such as a large lake or wide river. Mankind has fought battles on the sea for more than 3,000 years. Even in the interior of large lan ...
. Treaty II, Article 3 of the 1899 Convention maintains that surrendering belligerent fighters are to be treated as prisoners of war unless they are out of proper uniforms (i.e.,
spies Spies most commonly refers to people who engage in spying, espionage or clandestine operations. Spies or The Spies may also refer to: * Spies (surname), a German surname * Spies (band), a jazz fusion band * Spies (song), "Spies" (song), a song by ...
). Article 13 of the same section declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war. Article 25 of Treaty II states that undefended communities are protected from any form of attack. In addition to the above, Article 27 states that if any sieges do occur, places devoted to religion, charity or hospitals should be avoided if possible, as long as they have no strategic affiliations. Article 28 states that even when a village is captured through war, pillaging is not allowed by any party. That is repeated in Article 47, Section III. The articles above were reaffirmed by Convention IV of the 1907 Convention. Many nations signed, including delegates from the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
,
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
and
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
. Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages. While some
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
occurred before the Hague Conventions, none touched on the rights of non-combatants in the heat of combat. The Geneva Conventions recognizes and expands on many of the treaties signed at the Hague Conventions, particularly those involving the treatment of non-combatants. As a result, the regulations are still in effect today.


Geneva Conventions

The
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
started on April 21 and were concluded on August 12, 1949. The purpose of the convention was to establish protections afforded to
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 ...
s during a wartime period under
military occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
. When the Geneva Conventions were ratified, there were several sections pursuant to the defining of a person as a non-combatant. Article 3 of the Geneva Conventions emphasizes the humane treatment of all persons not engaging in hostilities. Article 42 refers to the protection of aircrews parachuting from an aircraft. Article 50 provides the definition of civilian as well as civilian population while Article 51 outlines the protection of those civilians during war. Article 42 of Protocol I states that aircrews who are parachuting from aircraft in distress cannot be attacked regardless of what territory they are over. If aircrews land in territory controlled by the enemy, they must be given an opportunity to
surrender Surrender may refer to: * Surrender (law), the early relinquishment of a tenancy * Surrender (military), the relinquishment of territory, combatants, facilities, or armaments to another power Film and television * ''Surrender'' (1927 film), an ...
before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne forces who are descending by parachute from an aircraft, whether it is disabled or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent unless they are '' hors de combat''. Article 50 of Protocol 1 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 An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The Internati ...
s) and civilian populations. Article 54 deals with Protection of objects indispensable to the survival of the civilian population, and is categorical that "Starvation of civilians as a method of warfare is prohibited." 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. While not all states have ratified Protocol I or the Rome Statute, these provisions reiterated existing customary laws of war which is binding of all belligerents in an international conflict. Article 3 in the general section of the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
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 "persons taking no active part in the hostilities" (non-combatants). Such persons 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
hostage A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or refr ...
s; :(c) outrages upon personal dignity, in particular humiliating and degrading treatment; :(d) the passing of
sentences ''The Four Books of Sentences'' (''Libri Quattuor Sententiarum'') is a book of theology written by Peter Lombard in the 12th century. It is a systematic compilation of theology, written around 1150; it derives its name from the '' sententiae'' ...
and the carrying out of
executions Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.


World War II

In
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, with the frequency of bombings and air raids on cities, non-combatants were more affected than they were in previous wars. Sources claim that over forty-five million civilians and non-combatants lost their lives over the course of the war. This number, however, is largely debated. Despite the understanding that over 18 million were killed in the
Holocaust The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
and as a result of other Nazi persecution, the exact number will likely never be determined. There is also difficulty of estimating the numbers for events such as the
Nanjing massacre The Nanjing Massacre (, ja, 南京大虐殺, Nankin Daigyakusatsu) or the Rape of Nanjing (formerly romanized as ''Nanking'') was the mass murder of Chinese civilians in Nanjing, the capital of the Republic of China, immediately after the ...
, though it is estimated that between 200,000 and 300,000 civilians and prisoners of war were slaughtered. This does not necessarily include military, non-combatant or civilian peoples killed by radiation, disease or other means as a result of war. After World War II ended, countries got together with the aim to give rights to non-combatants, and created the 1949 Geneva Conventions, built off the 1907 Hague Convention.


Vietnam War

The
Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
is one war in the mid-20th century in which many civilians were identified to have been killed. Many
civilians 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 ...
were not specifically identified as whether they are non-combatants or ordinary civilians, which might have been directly or indirectly killing hundreds and thousands of Vietnamese civilians. However, there is no exact proportion of the number of the non-combatants have or were specify the exact figure, the statistics that has been given were all the estimates on how many civilians and combatants were killed. Most of the recorded number of people missing or killed were not specific, but all were
casualties A casualty, as a term in military usage, is a person in military service, combatant or non-combatant, who becomes unavailable for duty due to any of several circumstances, including death, injury, illness, capture or desertion. In civilian usag ...
, meaning there is/was no exact figure or combatants or non-combatants. Military records in the National Archives do not specify how many non-combatants were killed during the Vietnam War. Thousands of people were killed: civilian, casualties, combatants and non-combatants and so as ordinary civilians (citizens) in Vietnam but also in Laos and Cambodia. Thus, all figures do not specify how many non-combatants were killed or injured.


Contemporary warfare and terrorism


War on Terrorism

Although there is no clear definition of
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, a terrorist can be explained as an individual who is a non-state actor who engages in armed hostilities toward a state or government during a time of peace. The location an individual is tried in a court of law is the determining factor between combatant and non-combatant terrorists. Individuals like the San Bernardino shooters, the Tsarnaev brothers and the people responsible for the
September 11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commer ...
would be characterized as non-combatant terrorists. Groups like
Al-Qaeda Al-Qaeda (; , ) is an Islamic extremism, Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arab, Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military ta ...
are considered combatant terrorists or may also be called unlawful combatants. Non-combatants can also be looked at as radical civilians and combatants can be seen as military soldiers. As of 2017, there are inconsistent ways in which the prosecutions of terrorists are conducted. Possible solutions would be to take all individuals classified as non-combatants and have them charged as criminals and prosecute the individuals who are considered combatants and engage in warfare attacks under military commissions. Combatant terrorists are captured and detained in order to put an end to their hostilities and are labeled as prisoners of war, and non-combatants are considered criminals. :


See also

*
Rule of Law in Armed Conflicts Project 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. Overvi ...


References


Further reading

* — A detailed critique of the shortcomings of the common Article 3 of the Geneva Convents. {{Authority control International humanitarian law