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Non-combatant is a term in the law of war describing civilians who are not taking a direct part in hostilities,[1] persons, ordinarily medical personnel and military chaplains who are members of the armed forces but are protected because of their specific duties (as described in Protocol I of the Geneva Conventions, adopted in June 1977); and combatants who are hors de combat ("outside the fight"); that is, sick, wounded, detained, or otherwise disabled.
Article 50 Protocol I defines a civilian as a person who is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court also prohibits attacks directed against civilians. Not all states have ratified Protocol I or the Rome Statute, but it is an accepted principle of international humanitarian law that the direct targeting of civilians is a breach of the customary laws of war and is binding on all belligerents.
Article 3 in the general section of the Geneva Conventions states that in the case of armed conflict not of an international character (occurring in the territory of one of the High Contracting Parties) that each Party to the conflict shall be bound to apply, as a minimum, the following provisions to non-combatants: They shall in all circumstances be treated humanely, with the following prohibitions:
- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
- (b) taking of hostages;
- (c) outrages upon personal dignity, in particular humiliating and degrading treatment;
- (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Notes and references [edit]
- ^ Article 51.3 of Protocol I to the Geneva Conventions explains that "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities".
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Globe and Mail
Thu, 23 May 2013 07:37:55 -0700
Moreover, according to Mr. Holder, the U.S. strikes had been conducted in accordance with the laws of war – most notably the principles of necessity, distinction (i.e, non-combatant immunity), and proportionality. The imminent threat to American lives ...
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ICRC (press release)
Tue, 21 May 2013 07:07:54 -0700
Medical care benefits everyone - combatant and non-combatant - and anyone in need should be able to access it. Since last December, 29 people have been killed while carrying out polio vaccination campaigns in Nigeria and Pakistan, two of the three ...
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DVIDS
Wed, 22 May 2013 06:29:20 -0700
... to not only conduct combat operations but also to perform tactical recovery of aircraft and personnel, purify water, provide refueling points, explosive ordnance disposal, humanitarian assistance, disaster relief, support non-combatant evacuation ...
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Huffington Post
Tue, 21 May 2013 15:32:41 -0700
Comments by Washington officials range from "no more than 10 civilian victims between 2009 and mid-2012" to "30 civilians between August 2009 and August 2010" to "not a single non-combatant." The administration's lack of transparency extends to its ...
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Cape Breton Post
Mon, 20 May 2013 17:51:22 -0700
It was designed to recognize outstanding service “to the Empire at home, in India, and in the Dominions and colonies. The order was created mainly to award non-combatant services in the war, and was to include women, whom most existing orders excluded.
|  BizPac Review |
BizPac Review
Fri, 17 May 2013 12:34:08 -0700
Section 2656f(d) of Title 22 of the United States Code, Waldman writes with precious punctiliousness, defines terrorism as “premeditated, politically motivated violence perpetrated against non-combatant targets by subnational groups or clandestine ...
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Ventura County Star
Wed, 15 May 2013 14:02:59 -0700
Soldiers from U.S. Army 1st Battalion, 4th Infantry Regiment and Seabees from Naval Mobile Construction Battalion (NMCB) 4 ride to a training site during a non-combatant evacuation operation exercise at U.S. Army Garrison Hohenfels Training Area in ...
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The Independent
Fri, 17 May 2013 16:02:46 -0700
Many were forced to join the army or the Non-Combatant Corps (NCC), to serve in a supporting role to the armed forces. Many 'conchies' refused either option, and were sent to prison as a result. The abuses they suffered for their stance make for ...
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