12.2 Combatants and Prisoners of War

The lawful-combatant criteria (the Hague/GC III tradition): (i) command under responsible leadership; (ii) a fixed distinctive sign recognizable at a distance; (iii) arms carried openly; (iv) conduct according to the laws and customs of war. The combatant's rights: to take direct part in hostilities (the combatant's unique privilege — killing in war without murder's liability) and, on capture, POW status. AP I Article 44's relaxation: the irregular's release from the fixed-sign requirement where hostilities' nature prevents it. The POW regime (GC III): humane treatment's absolute floor (no violence, intimidation, insult, exposure to public curiosity); retention of rank; the detaining state's maintenance duty; the obligation to give only name, rank, date of birth and serial number (no torture or coercion to more); the reprisals prohibition; the escape regimes; fair trial guarantees for POW prosecutions; repatriation on the cessation of hostilities. The unlawful combatant debate: the spy, the mercenary and the terrorist-fighter — no POW status, but the floor of humane treatment continues (the "unprivileged belligerent" still Common Article 3-protected — the Guantanamo era's doctrine battles).