A Note On 'Drone Strikes', Ladies And Gentlemen

[The Straight Story]

269. Combatants

If there is any doubt as to whether the person benefits from "combatant" status, they must be held as a POW until they have faced a "competent tribunal" (GCIII Art 5) to decide the issue.

Most unprivileged combatants who do not qualify for protection under the Third Geneva Convention do so under the Fourth Geneva Convention (GCIV),[4] which concerns civilians, until they have had a "fair and regular trial". If found guilty at a regular trial, they can be punished under the civilian laws of the detaining power.

This point is found in Article 51.3 of the Geneva Conventions Protocol II "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". (Geneva Conventions Protocol I Article 51.3)

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If we knowingly kill innocents/civilians because they gave someone they don't know a ride, where is the justice in that?

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Medical and religious personnel, like civilians, are noncombatants. They may not take a direct part in hostilities and so long as they do not do so are legally protected from attack. Medical personnel may, however, use small arms in self-defence if unlawfully attacked. Religious personnel are not armed.

The composition of the armed forces is a matter for the State or faction concerned. Its components may be regular units, reservists, territorial defence units, citizens called up for part-time service or full-time soldiers as long as the conditions set out above are fulfilled. It is normal for members of the armed forces to have ranks, the more senior ranks having power to give orders to, and exercise discipline over, their subordinates.

Violation of the law of armed conflict does not mean loss of combatant status so long as those responsible are tried and punished. If members of an armed group consistently violate the law of armed conflict and are not punished, that is strong evidence that the group does not qualify as “armed forces”, since it fails to meet the criterion of an internal disciplinary system, and that its members do not have combatant status.

In unusual circumstances where it is impossible to wear uniform or combat gear all the time, such as when operating in areas under adverse occupation, behind enemy lines or, in liberation conflicts, in areas controlled by government forces, combatants must, at the very least, carry their arms openly during military engagements or when visible to the enemy in military deployments preceding the launch of any attack.

When they surrender or are captured, combatants are entitled to be treated as prisoners of war, though this can mean their internment until the close of active hostilities. If there is any doubt about their status, this must be resolved by a properly constituted tribunal. Unauthorised combatants, or unprivileged belligerents, who surrender or are captured may also be interned if the security of the detaining State makes it absolutely necessary. Those of them who qualify as “protected persons” under the Geneva Civilian Convention are entitled to the protection of that convention. Others are entitled at the very least to the rights of humane treatment and of fair trial.