ABSTRACT
This conclusion presents some closing thoughts on concepts discussed in the preceding chapters of this book. The book argues that international humanitarian law (IHL) draws a distinction between those who fight and those who do not, and this is in turn reflected when serious violations of IHL are charged as war crimes in international criminal law (ICL). International criminal tribunals (ICTs) have on occasion used the term 'combatant' to describe persons who would more accurately be described as civilians who had only temporarily lost their protection from attack because they were actively/directly participating in hostilities (APH/DPH). IHL prohibits and restricts the use of certain weapons, and the status of the victims attacked can be relevant when determining whether a war crime has occurred. In the case of prohibited weapons, the status of those who are attacked is irrelevant to the crime: the use of chemical weapons is a war crime regardless of whether they are used against civilians or fighters.
