Chapter 33 - Combatants and Prisoner-of-War Status (Rules 106–108)

Summary

Note: The implications of being recognised as a combatant in an international armed conflict are significant, as only combatants have the right to participate directly in hostilities (for a definition of combatants, see Rule 3). Upon capture, combatants entitled to prisoner-of-war status may neither be tried for their participation in the hostilities nor for acts that do not violate international humanitarian law. This is a long-standing rule of customary international humanitarian law. Treatment due to prisoners of war is spelled out in detail in the Third Geneva Convention.

Rule 106. Combatants must distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. If they fail to do so, they do not have the right to prisoner-of-war status.

Practice

Volume II, Chapter 33, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.

International armed conflicts

The requirement that combatants distinguish themselves from the civilian population is a long-standing rule of customary international law already recognised in the Brussels Declaration, the Oxford Manual and the Hague Regulations. It was subsequently codified in the Third Geneva Convention and Additional Protocol I.

Numerous military manuals specify that combatants must distinguish themselves from the civilian population. This includes the manuals of States not, or not at the time, party to Additional Protocol I. This obligation is also supported by a number of official statements and other practice.