Defining the Non-Combatant: How do we Determine Who is Worthy of Protection in Violent Conflict?

International law codifies the principle of non-combatant immunity, which traces its origins to a religiously supported moral imperative. The principle of non-combatant immunity has evolved to become a crucial underpinning of just war theory. Western societal norms have complicated our understanding...

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Bibliographic Details
Published in:Journal of military ethics 2010-09, Vol.9 (3), p.219-242
Main Author: Gade, Emily Kalah
Format: Article
Language:English
Subjects:
Child soldiers
civilians
Conflict
Ethics
humanitarian intervention
International law
Military personnel
modernity
new war
non-combatant immunity
Protection
responsibility to protect
Violence
War
War Protection of civilians
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Summary:International law codifies the principle of non-combatant immunity, which traces its origins to a religiously supported moral imperative. The principle of non-combatant immunity has evolved to become a crucial underpinning of just war theory. Western societal norms have complicated our understanding and application of the principle of non-combatant immunity by depicting combatancy in terms of innocence and guilt: those viewed as innocent deserve legal protection. Child soldiers and female suicide bombers exemplify today's complex and expanding parameters of combat. Consequently, in practice, authorities in conflict zones cannot rely on existing legal distinctions; instead, they are forced to make subjective judgements when deciding whom to protect. This article calls for a critical evaluation of: existing legal definitions concerning non-combatants; how conceptions of combatancy are applied in protective policy and humanitarian evacuation; and the resulting consequences and policy implications.
ISSN:1502-7570
1502-7589
DOI:10.1080/15027570.2010.510863