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Non-combatant

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Non-combatant

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 civilians; people such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties; combatants who are hors de combat; and neutral persons, such as peacekeepers, 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.

The Hague Conventions of 1899 and 1907 were one of the first multi-country treaties to agree on rights for non-combatants. These meetings occurred in 1899 and 1907. Three treaties were signed and put into effect in 1899, including the treatment of prisoners of war and the protection of hospital ships. In 1907 thirteen additional treaties were signed. These cover regulations concerning the war on land, the declaration of war, the rights and responsibilities of neutral countries, and rights and restrictions during naval war.

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. spies). 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, the 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.

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