Combatant - Privileged Combatants

Privileged Combatants

The following categories of combatants qualify for prisoner-of-war status on capture:

1. Members of the armed forces of a Party to the conflict
2. Members of militias not under the command of the armed forces, with the following traits:
   • that of being commanded by a person responsible for his subordinates;
   • that of having a fixed distinctive sign recognizable at a distance;
   • that of carrying arms openly;
   • that of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

For countries which have signed the "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts" (Protocol I), combatants who do not wear a distinguishing mark still qualify as prisoners of war if they carry arms openly during military engagements, and while visible to the enemy when they are deploying to conduct an attack against them.