This article critically analyzes the concept of "combatant" in IHL. The author provides a brief overview of the concept's historical development, and argues the tendency has been toward expanding the scope of protections associated with combatant status. IHL has adapted so that a significant proportion of persons who participate in international hostilities are now entitled to combatant status, and are also, commonly, entitled to prisoner-of-war (POW) status. While participants in non-international armed conflict remain disqualified from combatant status and are not entitled to immunity from prosecution for combat participation, the author notes that decisions of the United Nations ad hoc tribunals indicate a trend toward softening the distinction between international and non-international armed conflict for the purposes of determining combatant status. The author also considers the argument that the legal regime concerning the classification of combatants is outdated, though he ultimately rejects it on the basis that, whatever its shortcomings, the current legal regime serves a vital function, is sufficiently adaptable, and ultimately represents the deliberately selected priorities of states concerning what should and should not be permitted during armed conflict. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]
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