Combatants

ROUTLEDGE HANDBOOK OF THE LAW OF ARMED CONFLICT, R. Liivoja, T. McCormack, eds, Routledge, UK, 2016

Sydney Law School Research Paper No. 16/45

18 Pages Posted: 29 May 2016

See all articles by Emily Crawford

Emily Crawford

University of Sydney - Faculty of Law

Date Written: May 27, 2016

Abstract

It is one of the fundamental and intransgressible principles of international humanitarian law (IHL) that participants in an armed conflict observe the principle of distinction. Parties to the conflict must ‘at all times distinguish between civilians and combatants. Attacks may only be directed against combatants'. Inherent in this principle is the need to define who is considered a combatant – one who is lawfully permitted to take active and direct part in the hostilities. This chapter examines the origins and evolution of combatant status, discusses the current rules regarding who may be considered a combatant under international law and what consequences follow when combatant status is denied. This chapter will also explore whether international law is evolving to include new categories of persons entitled to combatant status.

Keywords: International armed conflict, non-international armed conflict, combatants, prisoners of war, direct participation in hostilities, unlawful combatants, principle of distinction

JEL Classification: K10, K30, K33

Suggested Citation

Crawford, Emily, Combatants (May 27, 2016). ROUTLEDGE HANDBOOK OF THE LAW OF ARMED CONFLICT, R. Liivoja, T. McCormack, eds, Routledge, UK, 2016; Sydney Law School Research Paper No. 16/45. Available at SSRN: https://ssrn.com/abstract=2785461

Emily Crawford (Contact Author)

University of Sydney - Faculty of Law ( email )

University of Sydney
Sydney, NC NSW 2006
Australia

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