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What is Combatant

Global Dimensions of Democracy and Human Rights: Problems and Perspectives
The legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of “combatant” is found in article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that “Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.
Published in Chapter:
International Humanitarian Law: Protection of Human Rights During Armed Conflicts
Mary Tseruashvili (The Center for International Studies, Georgia)
DOI: 10.4018/978-1-6684-4543-3.ch013
Abstract
The purpose of this chapter is to analyze the international humanitarian law and its effectiveness in contemporary conflicts. In particular, it focuses on the analysis of the challenges that international humanitarian law faces in contemporary international or non-international armed hostilities. While the ongoing progress in the modern world offers new challenges, the issue of the effectiveness of humanitarian law becomes controversial. Therefore, the chapter presents an academic paper, and it is based on the analysis of the various articles, reports, analytical papers, and case studies, depending on which it became possible to answer the main research question and to demonstrate the effectiveness of international humanitarian law enforcement mechanisms in modern conflicts.
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