(a) Under responsible command,
(b)Distinctive sign recognizable at a distance,
(c) Carry arms openly, and
(d)Abide by the laws of war. For a hller discussion of these criteria,
see the chapter on Geneva Convention 111, Prisoners of War.
(3)Oftentimes you will also hear the phrase "un1awfu1 combatants."
There is no such term in the law of war; however it was used by the
Supreme Court in the Quivin case to refer to those who engaged in
combat but had no right to do so. The more accurate term is
"unprivileged belligerent." These individuals do not meet the criteria
listed above, and not only may be targeted, but will not receive the
protections of prisoners of war. They may be treated as criminals
under the domestic law of the captor. An unprivileged belligerent can
be a civilian who is participating in the hostilities or a member of the
armed forces who violates the laws of war.
b. Conduct based. As noted above, an unprivileged belligerent, by his or her
conduct, can become a lawful target. Thus, although they are not a part of
a group declared a hostile force, by their hostile acts they become a
legitimate target.
- Noncombatants. The law of war prohibits attacks on non-combatants, to
include those sometimes referred to as those hors cle combat, or out of
. combat.
a. Civilians
(1)General Rule. Civilians and civilian property may not be the subject
or sole object of a military attack. Civilians are persons who are not
members of the enemy's armed forces, and who do not take part in the
hostilities. GP I, art. 50 and 5 1.
(2)Furthermore, GP I provides for expanded protections of the civilian
population from "indiscriminate" attacks. Indiscriminate attacks
include those where the incidental loss of civilian life, or damage to
civilian objects, would be excessive in relation to the concrete and
direct military advantage anticipated. GP I, art. 51 - except for para. 6,
considered customary international law by US.
