Da Army
What is the difference between a civilian and a belligerent?
A person engaged in hostilities on behalf of a Party to the conflict is a belligerent.
What are three cases where a combatant can become unprivileged combatant?
BONUS: Which one does not apply to the United States?
1. Combatants who forfeit combatant status. (spy)
2. Mercenaries - Belligerents Who Never Qualify for Combatant Status (Not teh US doh)
3. Groups Whose Members do not Qualify as Combatants (not fighting on behalf of a state).
What is AP 1's definition of a civilians
Any person who does not belong to one of the categories of persons referred to in Article 4 A (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol.
What are the three consequences for a civilian engaging in belligerent acts?
Fryer Wimlon (not a priest that's his name) works as the sheep slop server in the mess hall for the Portland Mens League, a rightwing separatist militia in northern Maine. He is worried that, even though he does not serve in a combat position, that he can nonetheless be "slimed out" by a American soldier on site.
Should he be worried about this? Would this be different if this occurred in the UK
YES, THEYRE GOING TO KILLLL HIMMM
No matter what function an individual performed as a member of these groups, even non-combat functions, that individual could targeted based on his or her membership.
It would be different as a UK commander would have to show Fryer was serving a "continuous combatant function" in his role as a slop server.
What is included in combatants privileges (there is also a super secret bonus answer)
Combatant Immunity
BONUS = POW Rights
How can you forfeit belligerent status?
Being a damnded spy
What is the US's definition of a civilian
A member of the civilian population, i.e., a person who is neither part of, nor associated with an armed force or group, nor otherwise engaging in hostilities
What categories of civilians must be respected and protected? (name a few)
BONUS: what does respect and protect even freakin mean???
The wounded and sick, as well as the infirm, and expectant mother. (Article 16 of GCIV)
Respect = don't attack
Protect = affirmative obligation to render aid and care
Bum Farto is an American soldier who has been tasked with covertly sneaking behind enemy lines in order to launch a surprise attack. To do this, him and his squad (its just him btw) will dawn the uniform of the enemy and then once in position neatly fold and put away said enemy uniform and carefully enter his American uniform in order to avoid wrinkling the expensive digs.
Unfortunately Farto bungled the mission and was captured shortly after changing into his highly visible, yet unwrinkled, US army uniform.
Has Bum Farto forfeited his combatant status?
Nah, he was dawning his own uniform when he was captured so he's all good.
Is still a PoW though which kinda sucks.
What are the requirements for Members of other militias and members of other volunteer corps to be considered belligerents.
How do we treat those participating in levee en masse? what privileges do they get?
What do you have to get these privileges?
Participants are entitled to all the rights of, and subject to all the duties of, a combatant, including the right to engage in belligerent acts, to be treated as a POW and to enjoy combatant immunity, and also the duty to comply with the LOAC.
The civilian in a levée en masse must carry his or her arms openly while engaged in hostilities so that the invader can distinguish between such individuals and other civilians and the civilian population generally.
How does AP 1 treat unprivileged belligerents
unprivileged belligerents” in these organized groups would have to be treated as civilians and therefore would be targetable only if directly participating in hostilities
How did AP II extend protections to civilians?
By actually saying they cannot be attacked.
Article 13 of AP II repeats language found in Article 51 of AP I, which provides that the “civilian population as such, as well as individual civilians, shall not be the object of attack.”
Does Antonio qualify for POW status? Does he have immunity for his murder of the soldier?
He does qualify for POW status as a civilian accompanying military forces under GPW Article 4A(4).
But he doesn't get combatant immunity as he is not a licensed soldier.
What are the four categories of privileged combatants listed in Article 4A of the GPW
DAILY DOUBLE (not really, but you get 200 per answer)
What do we do with the following types of individuals?
1. Current and Former Members of an Occupied State’s Armed Forces
2. Members of the Armed Forces of a State that is not Party to the Armed Conflict
3. U.N. Peacekeeping Forces
1. Give POW status to members of the occupied State’s armed forces after resistance has collapsed.
2. Treated for LOAC purposes like civilians so long as they do not participate in hostilities
3. Treated for LOAC purposes like civilians so long as they do not participate in hostilities
What is civilian immunity??????????
Is this protection absolute?
Protection from direct attack
Nah, can be targeted based on conduct that is reasonably assessed as direct participation
What categories of persons exist during a NIAC? (There's 2)
Which ones are civilians?
(i) persons taking an active part in hostilities (such as members of an organized group or State armed forces engaged in the NIAC) and
(ii) persons who do not, with the latter category being the object of protection under Common Article 3
John Lasagna is a member of the Serbo-Hungarian Alpine Ranger Troop (S.H.A.R.T.), a militia that works under the direction of the Hungarian government. Once captured by US forces John insists that his orgs direction by Hungarian officers should afford him POW status.
Is John correct???
BONUS: What other Qualifications must S.H.A.R.T. meet for John to qualify??
He is, under GPW Article 4A(2) he should qualify for POW status.
Other things S.H.A.R.T. must meet to gain POW status:
Assume during the U.S. invasion of Iraq in March-April 2003, the U.S. 1st Marine
Division detained the following persons during operations to take Nasiriyah (a city in
southern Iraq and one of the initial objectives of the invasion). How would they have been classified by the United States under the LOAC
Armed uniformed infantry soldiers of the Iraqi 6th Armored Division
They would be considered a privileged combatant, they are under definition #1 of article 4A of the GPW.
How would Members of the non-State armed group be classified in a NIAC. Would it matter if the group (a) was commanded by a person responsible for his subordinates; (b) required its members to wear a fixed distinctive sign recognizable at a distance; (c) always fought while always carrying arms openly; and (d) conducted its operations strictly in accordance with the laws and customs of war? What if they did not meet one or more of these criteria?
Yes this would matter because they would qualify as combatants and be subject to “combatant immunity” and POW status under GPW def 2. They would need to meet all of those criterial to qualify though.
What are the rules surrounding detention of civilians
Civilians are protected from indefinite military detention in armed conflict
Civilians may only be detained when their conduct poses a security risk to the detaining State
How does the US distinguish civilians DPH’g from unprivileged belligerents in NIAC?
Both are targetable, however civilians are only targetable while they are taking direct part in hostilities. You can slime a unprivileged belligerent at any time.
Donovan Maynard is an EXTREMLY pregnant man who, before the outbreak of Sino-Italian War, was expecting to peacefully birth his 5 wonderful quintuplets. However due to sudden the outbreak of the war, he has found himself stuck in Sicily on the side of the road with a broken leg. He waits for days as he is finally spotted by Chinese troops.
Do these troops have an obligation to help him.
YESSSS!!!
Pregnant mother, and Donovan, are one of the only groups which must be both protected by belligerent groups. Meaning they must provide teh expectant Donovan with medical care.