Noncombatants

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 war and the protection of hospital ships. 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, and rights and restrictions during naval war.

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). 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, United States, Russia and Japan. Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during World War I, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages.

While some Geneva Conventions 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 started on April 21 and were concluded on August 12, 1949. The purpose of the convention was to establish protections afforded to civilians during a wartime period under military occupation. 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 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 combatants) 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