Lesson 7 Flashcards
What is combatant immunity under IHL?
Combatants cannot be prosecuted for lawful acts of war committed during hostilities. (Crawford & Pert, 2024)
Where is combatant immunity found in legal texts?
It is not in the Geneva Conventions but appears in Article 43(2) of Additional Protocol I. (Crawford & Pert, 2024)
When does a person gain Prisoner of War (POW) status?
After capture, if they meet Geneva Convention III criteria—humane treatment, no torture or execution. (Geneva III, Art. 4)
Who qualifies as a lawful combatant under IHL?
Members of regular armed forces, militias with clear structure, symbols, open arms, and respect for IHL. (Crawford & Pert, 2024)
What is the basic rule about targeting civilians under IHL?
Civilians must not be targeted unless they directly participate in hostilities. (AP I Art. 51(3); ICRC Rule 6)
Can civilians spontaneously resist invasion and gain combatant status?
Yes, under “levée en masse,” if they carry arms openly and follow the laws of war. (Crawford & Pert, 2024)
What protection do non-combatants have if captured?
They receive POW protections if officially authorized to accompany armed forces. (Geneva III; Hague Regulations)
Can spies or mercenaries gain combatant or POW status?
No, they are excluded and can be prosecuted under domestic law. (Crawford & Pert, 2024)
How does IHL treat Private Military and Security Contractors (PMSCs)?
They are civilians but may lose protection if they directly participate in hostilities. (Crawford & Pert, 2024)
When do civilians lose protection under IHL?
When they directly participate in hostilities. (AP I Art. 51(3); ICRC Rule 6)
What are examples of direct participation in hostilities (DPH)?
Firing weapons, serving as a lookout, or transmitting military info. (ICRC Interpretive Guidance, 2009)
Does providing logistical support make a civilian a target?
Only in international armed conflicts, and only if it directly contributes to hostilities. (ICRC, Colombia Report)
What does Article 50(1) AP I say about civilian status?
In doubt, a person must be presumed to be a civilian. (AP I Art. 50(1))
Can civilians regain protection under IHL?
Yes, once they cease direct participation in hostilities. (ICRC Customary Rule 6)
How is POW status determined if there’s uncertainty?
All captured persons are presumed POWs until a competent tribunal decides otherwise. (Geneva III, Art. 5)
What rights do POWs have under Geneva Convention III?
Humane treatment, food, medical care, no public humiliation. (Geneva III, Arts. 13–20)
What is the legal status of captivity for POWs?
It is a preventive security measure, not a punishment. (Geneva III; Hague Regulations)
Are non-state actors entitled to POW status?
Generally no, especially in civil wars—they may be prosecuted under national law. (Crawford & Pert, 2024)
What protections do POWs have during captivity?
Safe facilities, religious practice, no forced labor. (Geneva III, Arts. 21–30, 49–57)
What legal protections apply to POWs on trial?
They must receive fair trial protections and cannot be prosecuted for lawful war acts. (Geneva III, Arts. 82–108)
When must POWs be repatriated?
After hostilities end, unless seriously sick or wounded. (Geneva III, Arts. 109–118)
What does HCJ 769/02 (Israel Supreme Court) say about targeted killings?
They are not inherently illegal but must follow strict IHL principles. (HCJ 769/02, 2006)
Distinguish wether or not it is a civilian or participating in hostilities.
What case highlights the U.S. legal view on unlawful combatants?
Hamdan v. Rumsfeld (U.S. Supreme Court, 2006). (Geneva III, Art. 5)
Gunatanmo bay, combatants lose all humanitarian rigthts.
What is required for a lawful targeted killing?
Proportionality, military necessity, and minimizing civilian harm. (AP I Arts. 51, 57; ICRC Rule 14)
Who can be targeted in a targeted killing under IHL?
Active members of armed groups; civilians only while directly participating in hostilities. (AP I Art. 51(3); ICRC Rule 6)
What is the difference between preventive and punitive killings under IHL?
Preventive = possibly lawful; punitive = unlawful. (HCJ 769/02; ICCPR Art. 6)
What controversy surrounds targeted killings?
UN and human rights groups call them extrajudicial executions; Israel argues self-defense. (UN Reports; ICRC Rule 1)
What controversy surrounds targeted killings?
UN and human rights groups call them extrajudicial executions; Israel argues self-defense. (UN Reports; ICRC Rule 1)
