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4 - Fighters, Civilians and LONIAC

Published online by Cambridge University Press:  04 March 2021

Yoram Dinstein
Affiliation:
Tel-Aviv University
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Summary

In IAC jus in bello, there is a basic distinction between combatants and civilians.288 The expression ‘combatants’ is not appropriate in a NIAC context289 (see infra 827). Relying on the phraseology of the 2006 San Remo Manual on the Law of Non-International Armed Conflict,290 an ICTY Trial Chamber in the 2007 Mrkšić case commented that ‘the term “fighter” now seems to be the appropriate term to be used as the equivalent for “combatants” in non-international armed conflict’.291 We shall accordingly use the term ‘fighters’ in this volume too. Fighters in NIAC hostilities are members of either Government armed forces or of non-State organized armed groups, with the exception of medical and religious personnel (see infra 539). An important point accentuated by the Appeals Chamber in the Galić case in 2006 is that, when fighters become hors de combat (for a definition of the term, see infra 613), they are entitled to humane treatment (see infra 479, 511) but do not thereby assume the mantle of civilians.292

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Publisher: Cambridge University Press
Print publication year: 2021

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