8.2.2 Unprivileged Belligerents
Unprivileged belligerents include members of organized armed groups and civilians directly participating in hostilities (see 5.4.1.1). Members of organized armed groups are subject to attack at any time during the armed conflict unless they are hors de combat. Unprivileged belligerents placed hors de combat are not considered POWs, but must be treated humanely. Civilians directly participating in hostilities forfeit the protections from attack afforded to civilians under the law of armed conflict and may be attacked while they are taking a direct part in hostilities. If captured, they are not considered POWs and may be tried and punished under domestic law.
8.2.3 Hors de Combat
Combatants and unprivileged belligerents who are hors de combat are those who cannot, do not, or cease to participate in hostilities due to wounds, sickness, shipwreck, surrender, or capture. They may be detained, but they may not be intentionally or indiscriminately attacked. Intentional attack on a combatant who is known to be hors de combat constitutes a grave breach of the law of armed conflict.
11.4 UNPRIVILEGED BELLIGERENTS
Unprivileged belligerents (see 5.4.1.2) do not have a right to engage in hostilities and do not receive combatant immunity for their hostile acts. They are not entitled to POW status if detained. As with any person detained by the United States, they are entitled to humane treatment as a matter of law and U.S. policy. See 11.2.
11.7 PERSONNEL HORS DE COMBAT
Combatants who have been rendered incapable of combat (hors de combat) by wounds, sickness, shipwreck, surrender, or capture are entitled to special protections including assistance and medical attention, if necessary. Parties to the conflict must, after each engagement and without delay, take all possible measures to search for and collect the wounded and sick on the field of battle, protect them from harm, and ensure their care. When circumstances permit, a cease-fire should be arranged to enable the wounded and sick to be located and removed to safety and medical care. Wounded and sick personnel falling into enemy hands must be treated humanely and cared for without adverse distinction along with the enemy’s own casualties. Priority in order of treatment may only be determined according to medical considerations. The physical and mental well-being of enemy wounded and sick personnel may not be unjustifiably endangered, nor may the wounded and sick be subjected to any medical procedure not called for by their condition or inconsistent with accepted medical standards.
A similar duty extends to shipwrecked persons, whether military or civilian. Shipwrecked persons include those in peril at sea or in other waters as a result of the sinking, grounding, or other damage to a vessel in which they are embarked, or of the downing or distress of an aircraft. It is immaterial whether the peril was the result of enemy action or nonmilitary causes. Following each naval engagement at sea, the belligerents are obligated to take all possible measures, consistent with the security of their forces, to search for and rescue the shipwrecked. The status of persons detained—combatant, unprivileged belligerent, noncombatant, or civilian—does not change as a result of becoming incapacitated by wounds, sickness, shipwreck, or surrender. The decision to continue detention of persons hors de combat and the status of such detainees will be determined by their prior
classification.
