4.1.2 ( 4 10 20)

4.1.2 Classes and Categories Are Only the Starting Point for Legal Analysis. When

analyzing a person’s rights, duties, and liabilities under the law of war, it is important to analyze

the specific question in light of the applicable facts. Determining what class a person falls into,

such as “combatant,” “civilian,” or “unprivileged belligerent,” may be only the first step in a

legal analysis. For example, whether a person may be the object of attack, may be detained, is

entitled to POW status, or may be punished for their actions are all different questions. Although

these questions are often related to one another and associated with the general classes of

“combatant” and “civilian,” each question requires its own specific analysis. This specific

analysis should be done in each case, applying the legal rules to the facts, rather than deriving an

answer based on a conclusory labeling of a person as, for example, an “enemy combatant.”10

Indeed, some persons might, for some purposes, be treated like “combatants,” but for other

purposes be treated like “civilians.”11

From the DOD Law of War Manual.

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190%20%20Disclaimer:%20this%20post%20and%20the%20subject%20matter%20and%20contents