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Status Of Individuals Outline

Law Outlines > International Humanitarian Law Outlines

This is an extract of our Status Of Individuals document, which we sell as part of our International Humanitarian Law Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.

The following is a more accessble plain text extract of the PDF sample above, taken from our International Humanitarian Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Individual Status 1) Combatants a) Definition i) GCIII:4 (1)Regular army ("members of the armed forces of a party to the conflict, as well as members of militia or volunteer corp making up those armed forces") (2)Others meeting the following criteria (a) Responsible command (b)Fixed distinctive sign/insignia that is recognizable at a distance (c) Carries arms openly (d)Follows IHL b) Benefits of being a combatant i) Can participate in hostilities with immunity ii) Entitled to POW status (related to idea of immunity) c) Downsides i) Can be targeted (military objective) ii) May be detained for duration of conflict (1)Note: civilian internees may also be detained in occupied territory if they pose threat to security (GCIII: 78) 2) Lawful Beligerants a) Term of art used by the ICRC b) Analogous with combatant 3) Unlawful Combatants a) US post-911 phrase b) Not found in treaty law or literature c) ICRC would call these people "unprivileged beligerants." d) In re Quirin (1940s) i) Deals with spies without uniform, whose purpose was sabotage. Violated the law of war and were therefore "unlawful enemy combatants." ii) Result: sent to military commission. No right to jury trial. 4) Civilians a) Definition i) GCIV:4 ii) "the people not protected by the first 3GCs" (non-POWs) 5) Civilian Directly Participating in Hostilities a) API: 51(3) - "civilians shall enjoy the protection afforded by this section unless and for such time as they take a direct part in hostilities." i) But API still entitltes them to POW status. ii) But on KJ's exam she says it is false that civilians who DPH should be treated as POWs if captured. Why?
(1)Unlawful combatants

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