IV - Classes of Persons

4.2 THE ARMED FORCES AND THE CIVILIAN POPULATION

The law of war has recognized that the population of an enemy State is generally divided into two classes: the armed forces and the civilian population, also sometimes called, respectively, “combatants” and “civilians.” This division results from the principle of distinction.

4.2.1 Development of the Distinction Between the Armed Forces and the Civilian Population. A citizen or national of a State that is a party to a conflict, as one of the constituents of a State that is engaged in hostilities, may be subjected to the hardships of war by an enemy State. However, because the ordinary members of the civilian population make no resistance, it has long been recognized that there is no right to make them the object of attack. Thus, States have departed from ancient and medieval practices of war between entire peoples, and instead, as much as possible, have treated war as a contention between the professional military forces of warring States. This separation of the armed forces and the civilian population has greatly mitigated the evils of war.

4.4 RIGHTS, DUTIES, AND LIABILITIES OF COMBATANTS
Combatants have a special legal status, i.e., certain rights, duties, and liabilities. As discussed below, combatants may engage in hostilities and are liable to being made the object of attack by enemy combatants. Combatants must conduct their operations in accordance with the law of war. They have the right to POW status if they fall into the power of the enemy during international armed conflict. Combatants have legal immunity from domestic law for acts done under military authority and in accordance with the law of war.

4.8 RIGHTS, DUTIES, AND LIABILITIES OF CIVILIANS
Like combatants, members of the civilian population also have certain rights, duties, and liabilities under the law of war. Civilians may not be made the object of attack. If detained, civilians are entitled to humane treatment and a variety of additional protections. Civilians lack the combatant’s privilege, and may be punished, after a fair trial, by an enemy State for engaging in hostilities against it.