ABSTRACT
This chapter discusses the status of individuals in armed conflict first in the context of international armed conflict, and then in respect of non-international armed conflict. Discussing the historical background to the formal development of the categories of combatant and civilian, the analysis also highlights the areas where ready agreement has been forged regarding combatant and civilian status. It also identifies the grey areas where consensus has proven more elusive, and, as a result, the uncertainty that continues to plague the application of the basic legal principle of distinction based on the separation of combatants from civilians. The concept of unlawful or unprivileged belligerency and the status of those participants in armed conflict are addressed, as are civilian status and the protections that status provides. An area of focus is on how, and for what periods of time, civilians may lose that protection such that they can be targeted or, if captured, detained and tried for their actions. The categorization challenges presented by non-international armed conflicts between state and non-state actors are outlined. Finally, the chapter looks at various unique categories of persons protected or provided for under international humanitarian law: child soldiers; foreign fighters, mercenaries, private military contractors, and security companies; and journalists.
