Title: Examining the Legal Recognition and Protection of Unlawful Combatants in International Humanitarian Law.
Authors: Grasius Myinga
Volume: 9
Issue: 10
Pages: 231-246
Publication Date: 2025/10/28
Abstract:
This study critically examined the legal recognition and protection of individuals designated as "unlawful combatants" under International Humanitarian Law (IHL). Through a doctrinal legal research methodology, the study analyzed primary sources, including the Geneva Conventions, international case law, and reports from bodies like the ICRC and UN, alongside secondary scholarly literature. The findings identified a fundamental legal ambiguity within the IHL treaty framework, which, through its rigid combatant-civilian binary, fails to explicitly recognize or provide a coherent status for such individuals. This structured silence created a significant protection gap, which was systematically exploited in state practice, leading to widespread and documented violations of fundamental rights, including indefinite detention without trial and the denial of fair trial guarantees. While IHL's safety nets, such as Common Article 3, provide a theoretical baseline of protection, the research concluded that their application has been inconsistent and ineffective in practice. The study affirms that the concept of the "unlawful combatant" poses a grave challenge to the coherence and humanitarian object of IHL. It concludes by underscoring the urgent need for a consolidated effort to reinforce existing legal safeguards through judicial interpretation and enhanced monitoring to ensure that no person in armed conflict is placed beyond the protection of the law.