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In the law of war and international humanitarian law, a non-combatant is a person who is not taking a direct part in hostilities. This includes ;Article 51.3 of Protocol I to the Geneva Conventions states, "Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities". people such as and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties; who are hors de combat; and Neutral country persons, such as Peacekeeping, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the First Geneva Convention of 1864.
Under international humanitarian law, certain non-combatants are classified as protected persons, who are to be protected under laws applicable to international armed conflict at all times.
Treaty II, Article 3 of the 1899 Convention maintains that surrendering belligerent fighters are to be treated as prisoners of war unless they are out of proper uniforms (i.e. espionage). Article 13 of the same section declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war.
Article 25 of Treaty II states that undefended communities are protected from any form of attack. In addition to the above, Article 27 states that if any sieges do occur, places devoted to religion, charity or hospitals should be avoided if possible, as long as they have no strategic affiliations.
Article 28 states that even when a village is captured through war, pillaging is not allowed by any party. That is repeated in Article 47, Section III. The articles above were reaffirmed by Convention IV of the 1907 Convention.
Many nations signed, including delegates from the United Kingdom, United States, Russia, and Japan. Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during World War I, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages.
While some Geneva Conventions occurred before the Hague Conventions, none touched on the rights of protected non-combatants in the heat of combat. The Geneva Conventions recognize and expand on many of the treaties signed at the Hague Conventions, particularly those involving the treatment of non-combatants. As a result, the regulations are still in effect today.
Article 42 of Protocol I states that aircrews who are parachuting from aircraft in distress cannot be attacked regardless of what territory they are over. If aircrews land in territory controlled by the enemy, they must be allowed to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne forces who are descending by parachute from an aircraft, whether it is disabled or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent unless they are hors de combat.
Article 50 of Protocol 1 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. Article 54 deals with the Protection of objects indispensable to the survival of the civilian population and is categorical that "Starvation of civilians as a method of warfare is prohibited." 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.
While not all states have ratified Protocol I or the Rome Statute, these provisions reiterated existing customary laws of war which are binding for all belligerents in an international conflict.Customary laws of war:
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 "persons taking no active part in the hostilities" (non-combatants). Such persons shall in all circumstances be treated humanely, with the following prohibitions:
Thousands of people were killed: civilians, casualties, combatants and non-combatants and so as ordinary civilians (citizens) in Vietnam but also in Laos and Cambodia. Thus, all figures do not specify how many non-combatants were killed or injured.
As of 2017, there are inconsistent ways in which the prosecutions of terrorists are conducted. Possible solutions would be to take all individuals classified as non-combatants and have them charged as criminals and prosecute the individuals who are considered combatants and engage in warfare attacks under military commissions. Combatant terrorists are captured and detained to put an end to their hostilities and are labeled as prisoners of war, and non-combatants are considered criminals.
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