Участник боевых действий: правовой статус и классификация

Person who takes a direct part in the hostilities of an armed conflict
the proposed aircraft carrier

Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support. In an interstate conflict, the definition of "combatant" is found in Article 43 (2) of Additional Protocol I to the 1949 Geneva Conventions: "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third [Geneva] Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Combatants when captured by an opposing party are automatically granted the status of protected persons, whether as prisoners of war or unlawful combatants. In a non interstate armed conflict, combatants who fought with non state armed groups are not afforded immunity for taking part in hostilities, as insurrection is a crime under the domestic law of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms.

In an interstate conflict, the requirement of distinction between combatants and protected civilians lies at the root of the jus in bello. It is reflected in Article 48 of Additional Protocol I of 1977 to the 1949 Geneva Conventions for the Protection of War Victims, entitled "Basic rule": "the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly direct their operations only against military objectives." In a non interstate conflict, no requirement of distinction exists under Additional Protocol II to the 1949 Geneva Conventions. However, it did state under Article 13 of the protocol that civilians "shall enjoy general protection against the dangers arising from military operations" until "they take a direct part in hostilities."

Under international humanitarian law applicable to interstate armed conflict, combatants may be classified in one of two categories: privileged or unprivileged. In that sense, privileged means the retainment of prisoner of war status and impunity for the conduct prior to capture. Thus, combatants that have violated certain terms of the IHL may lose their status and become unprivileged combatants either ipso jure (merely by having committed the act) or by decision of a competent court or tribunal. In the relevant treaties, the distinction between privileged and unprivileged is not made textually; international law uses the term combatant exclusively in the sense of what is here termed "privileged combatant". If there is any doubt as to whether the person benefits from "combatant" status, they must be held as a POW until they have faced a "competent tribunal" (Article 5 of the Third Geneva Convention) to decide the issue.

In a non interstate armed conflict, combatants who fought with non state armed groups are not afforded immunity for taking part in hostilities, as insurrection is a crime under the domestic law of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms. (the conflict became non interstate not long after the United States invasion of Afghanistan ended on December 7, 2001).