Which of the following special classes of persons are considered unprivileged belligerents? (Combatants and Civilians, pg 4 of 9)
Special Operations Forces
Crews of merchant vessels
Military medical personnel
Members of non-state armed groups and civilians that directly take part in hostilities
The correct answer and explanation is :
The correct answer is: Members of non-state armed groups and civilians that directly take part in hostilities.
Explanation:
In international humanitarian law (IHL), combatants and civilians are the two primary categories of individuals involved in armed conflict. Combatants are generally afforded combatant immunity, meaning they are lawful participants in hostilities, and if captured, they are entitled to prisoner-of-war status. Civilians, on the other hand, are protected from direct attack, unless they directly participate in hostilities.
In the context of special classes of persons, the term unprivileged belligerents refers to individuals who are involved in hostilities but are not recognized as lawful combatants under IHL. These individuals are not entitled to combatant immunity and, if captured, may be prosecuted for their participation in hostilities. This category applies to:
- Members of non-state armed groups: These are individuals who belong to armed groups not affiliated with a recognized state. Such groups are often involved in internal armed conflicts, and their members do not enjoy the privileges of lawful combatants, meaning they are considered unprivileged belligerents. Under the laws of war, their actions are not immune from prosecution, and they do not benefit from combatant immunity, unlike regular soldiers in a state military.
- Civilians who directly take part in hostilities: Civilians generally enjoy protection from direct attack under IHL, but if they take a direct part in hostilities, they temporarily lose their civilian immunity and can be targeted. Their participation makes them unprivileged belligerents. While they may not be formally part of an organized armed group, their involvement in the conflict strips them of the protection typically granted to civilians.
Other listed groups, such as special operations forces, crews of merchant vessels, and military medical personnel, are generally considered privileged belligerents (combatants or protected persons under IHL), meaning they enjoy certain rights and protections during conflict.