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Combatants
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 c ...
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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 ...
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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 b ...
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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 ...
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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 ...
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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 ...
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Prisoners Of War
A prisoner of war (POW) is a person who is held 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 prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploiting them for their labour, recruiting or even conscripting them as their own combatants, collecting military and political intelligence from them, or indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as prisoners of war could expect to be either slaughtered or enslaved. Ea ...
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Surrender (military)
Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sovereign state may surrender following defeat in a war, usually by signing a peace treaty or capitulation agreement. A battlefield surrender, either by individuals or when ordered by officers, normally results in those surrendering becoming prisoners of war. Definition and etymology Merriam-Webster defines "surrender" as "the action of yielding one's person or giving up the possession of something especially into the power of another", and traces the etymology to the Middle English ''surrendre'', from French ''sur-'' or ''sus-'', ''suz'' "under" + ''rendre'' "to give back"; this in turn is defined by the University of Michigan Middle English Dictionary as meaning "The giving up of an estate, a grant of land, or an interest in property to the ...
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Armed Conflict
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 or irregular military forces. Warfare refers to the common activities and characteristics of types of war, or of wars in general. Total war is warfare that is not restricted to purely legitimate military targets, and can result in massive civilian or other non-combatant suffering and casualties. While some war studies scholars consider war a universal and ancestral aspect of human nature, others argue it is a result of specific socio-cultural, economic or ecological circumstances. Etymology The English word ''war'' derives from the 11th-century Old English words ''wyrre'' and ''werre'', from Old French ''werre'' (also ''guerre'' as in modern French), in turn from the Frankish *''werra'', ultimately deriving from the Proto-Germ ...
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Resistance Movement
A resistance movement is an organized effort by some portion of the civil population of a country to withstand the legally established government or an occupying power and to disrupt civil order and stability. It may seek to achieve its objectives through either the use of nonviolent resistance (sometimes called civil resistance), or the use of force, whether armed or unarmed. In many cases, as for example in the United States during the American Revolution, or in Norway in the Second World War, a resistance movement may employ both violent and non-violent methods, usually operating under different organizations and acting in different phases or geographical areas within a country. Etymology The Oxford English Dictionary records use of the word "resistance" in the sense of organised opposition to an invader from 1862. The modern usage of the term "Resistance" became widespread from the self-designation of many movements during World War II, especially the French Resistance. Th ...
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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, P ...
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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 ...
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Mercenaries
A mercenary, sometimes Pseudonym, also known as a soldier of fortune or hired gun, is a private individual, particularly a soldier, that joins a military conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any other official military. Mercenaries fight for money or other forms of payment rather than for political interests. Beginning in the 20th century, mercenaries have increasingly come to be seen as less entitled to protections by rules of war than non-mercenaries. The Geneva Conventions declare that mercenaries are not recognized as legitimate combatants and do not have to be granted the same legal protections as captured service personnel of the military, armed forces. In practice, whether or not a person is a mercenary may be a matter of degree, as financial and political interests may overlap. Modern mercenary organizations are generally referred to as Private military company, private military companies or PMCs. Laws of war ...
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