Combatants

Combatants is a term used in international humanitarian law to describe individuals who participate in hostilities on behalf of a party to an armed conflict. The category typically includes members of a state's regular armed forces and members of organized armed groups that meet certain criteria. Civilians who take up arms but do not meet those criteria are not considered combatants and retain protection from direct attack unless they engage in direct part-time or ongoing hostilities.

Legal status arises from the distinction between combatants and civilians. Combatants in international armed conflicts generally enjoy combatant immunity for lawful acts of war, and they may be treated as prisoners of war if captured. They must distinguish themselves from civilians and adhere to the laws of war. If they commit war crimes or fail to respect protections, they may lose immunity or be prosecuted.

Criteria commonly cited for organized armed groups include being under responsible command, having a fixed distinctive sign recognizable at a distance, carrying arms openly during military operations, and acting in accordance with the laws of war. Mercenaries are typically not accorded the same combatant privileges.

In non-international or internal armed conflicts, the status of fighters is more complex and governed by customary international law and treaty provisions. Members of organized non-state armed groups may be considered participants in the conflict and subject to legal protections, but they often do not receive the formal “combatant immunity” associated with international armed conflicts.

Overall, the concept of combatants serves to regulate the conduct of hostilities and the treatment of those who participate in them, while civilians and other noncombatants are protected from direct targeting.