Who does IHL protect?

In situations of armed conflict, no person is outside of the scope of protection of

international humanitarian law. However, different protections are afforded to different
people, and in different circumstances.

Protection of Individuals
In situations of armed conflict no person is completely without protection, but the level of
protections depends on their status and/or behavior, nationality and the specific circumstances
they are in.

Two central qualifications when looking at protection of people:

Are they a civilian or combatant/fighter?

What circumstances is the individual in? Are they in a situation of ongoing hostilities, is the
person being detained by or in the power of a party to the conflict, or is the individual part of a
population living under occupation?

Who is a combatant and who is a civilian?

A central notion in international humanitarian law is the principle of distinction. In both

situations of hostilities (traditional Hague Law), and the rules of protection (Geneva Law) there
are significant differences in the levels of protection provided for those who are civilians and
those who are taking part in hostilities.

Categories of Individuals and Terminology

Combatants and Armed Forces:

The term combatant is uniquely applicable to situations of international armed conflict (IAC).
Combatants may be directly targeted during an armed conflict, and if they are captured would be
entitled to Prisoner of War status. This means they cannot be punished for merely participating in
hostilities, but they can be detained until the end of conflict. Even when engaged in hostilities are
protected from “unnecessary suffering and superfluous injury”.
In non-international armed conflict, armed forces are subject to direct attack. However, POW
status does not exist in NIAC.

Three treaties set out definitions of who is a combatant:

Article 3 of the 1899 Hague Regulations provides:

The armed forces of the belligerent parties may consist of combatants and non-combatants.

Article 3 of the 1907 Hague Regulations provides:

The armed forces of the belligerent parties may consist of combatants and non-combatants.

Article 43 Additional Protocol One: Armed Forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and
units which are under a command responsible to that Party for the conduct of its
subordinates, even if that Party is represented by a government or an authority not
recognized by an adverse Party.
2. Members of the armed forces of a Party to a conflict …are combatants, that is to say, they
have the right to participate directly in hostilities.

Combatants include both regular armed forces and irregular armed forces. In non-international
armed conflict, organised armed groups constitute the armed forces of a non-State party to the
conflict and consist only of individuals whose continuous function it is to take a direct part in
hostilities (“continuous combat function”).

Civilians:

Civilians endure horrifying suffering in armed conflict and they are often the prime victims of
genocide, ethnic cleansing, forced displacement, and indiscriminate attacks, as well as starvation
and sexual violence.

The main focus of IHL is to protect civilians. Civilians are protected against direct attacks, as
long as they are not directly participating in hostilities, and also against the effects of conflict
whether they are or are not “protected persons”. Special protections are also afforded to women
and children.

Click here to read more about the protection of women and children in armed conflict.

Everyone who is not a member of an armed force is a civilian. Civilians are protected against
direct attacks, as long as they are not directly participating in hostilities, and also against the
effects of conflict whether they are or are not “protected persons” or not.

Protected Persons:

The term "protected persons", which only applies to IAC, refers to specific protections afforded
to people who have fallen into the hands of or are under the control of the adversary. These
protections cover both civilians and combatants. There are four categories of protected persons:
wounded and sick; wounded, sick and shipwrecked; prisoners of war; civilians in occupied
territory or in territory of the enemy.

Click here to read more about protected persons.