Resumo

REYES PARRA, Paola Diana. Status of the Person Who Falls into the Hands of the Enemy having Participated in International Armed Conflict, Accuracies from International Humanitarian Law. Anu. Mex. Der. Inter [online]. 2022, vol.22, pp.235-266.  Epub 07-Ago-2023. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2022.22.16953.

The term “combatant” and, consequently, the term “prisoner of war” are specified in international humanitarian law treaties; while the term “illegitimate”, “illegal” or “unprivileged” combatant is not specified in the conventional legal framework; and, States used to resort to it in order to provide particular effects on people who are under their power. However, in accordance with the applicable protection regime, captured persons are combatants who get prisoners of war status; or, they are not combatants, therefore, they still are protected like civilians. In this sense, all persons who fall into enemy power during an international armed conflict are protected by international humanitarian law.

Palavras-chave : combatant; prisoner of war; civilian; competent court.

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