РАЗЛИКОВАЊЕ ИЗМЕЂУ БОРАЦА И НЕБОРАЦА У МЕЂУНАРОДНОМ ХУМАНИТАРНОМ ПРАВУ
COMBATANTS AND NON-COMBATANTS IN THE INTERNATIONAL HUMANITARIAN LAW

Summary/Abstract: The distinction between the combatants and non-combatants has a special significance in the International Humanitarian Law because the status of participants in the armed conflicts is closely associated with certain rights, duties and protection. Combatants are members of the armed forces directly involved in the animosities; as such, they are regarded as prisoners of war in case they fall under the enemy control. They are obliged to observe the rules of International Humanitarian Law and to clearly distinguish themselves from the civilians. Medical personnel and clergy who are part of the armed forces do not have the status of combatants, nor do they have the right to be directly involved in the warfare. For this reason, they cannot be subject of attack. In case they fall into the power of the enemy, they are not regarded as prisoners of war and they have the right to proceed with their professional activities. Non-combatants are people who either accompany or are part of the armed forces for the purpose of performing some other services necessary for the success of the military operations. In the International Humanitarian Law, they rank between the civilians and the combatants because they are not entitled to participate in the military operations and cannot be subject of attack; however, they may become prisoners of war if they fall under the enemy control. Other participants in armed conflicts who are directly involved in animosities (such as spies and mercenaries) are not considered to be combatants. They cannot be recognized as prisoners of war, nor do they enjoy the International Humanitarian law protection arising from the POW status.

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