Classes of Persons
The 1949 Geneva Conventions (four separate treaties) aim to protect persons taking no active part in hostilities.
The Conventions distinguish between four classes of persons:
1. Combatants (Lawful / "Privileged")
Who qualifies: - Members of the military forces of a state party to a conflict - Militia or volunteer corps belonging to a state (under certain conditions) - Inhabitants participating in a levée en masse — popular uprising to defend against invaders
A combatant is: - Commanded by a person responsible for subordinates - Wears fixed distinctive emblems/uniforms recognizable at a distance - Carries arms openly - Conducts operations according to the law of war
2. Noncombatants
Military personnel not authorized to engage in combatant activities — such as permanent medical and religious personnel.
Must be respected and protected — may not be made the object of attack.
3. Civilians
A type of non-combatant. Protected persons who may not be made the object of direct attack.
However: They may suffer injury or death incident to a direct attack on a military objective without violating the law of war — if the attack is on a lawful target, by lawful means, and adheres to proportionality.
4. Unprivileged Belligerents
Includes: - Lawful combatants who forfeited privileges by spying or sabotage - Private persons who forfeited civilian protections by engaging in hostilities
Doubtful Status
If doubt exists whether a captured individual is a lawful combatant, noncombatant, or unprivileged belligerent — they receive the protections of the Geneva Prisoner of War Convention until their actual status is determined.