ABSTRACT
This chapter explores some aspects of the nature and function of humanitarian rules. Many subsume under humanitarian law also rules which exempt civilians or other non-combatants from being targets of warfare. However, such rules are identical in character to those which exempt non-military targets in general. Rules which stipulate that a village inhabited by 5,000 civilians, without military installations, must not be stormed or bombed are akin to rules saying that one unarmed civilian must not be attacked. The suspected terrorist does not have the right to be protected as a prisoner of war nor enjoy the protection of the Law of War as a civilian; there are some minimum standards that apply. In the United States military commissions are used and although some have criticised this form of procedure, it must be conceded that military courts are sometimes more apt to deal with terrorist crimes which often have military aspects.
