5cjxburmr

4.1.1.2 Different Terms Used to Describe the Same Concept. Different legalsources may use different terms to refer to the same class of people under the law of war. Forexample, one source might use “belligerent,” whereas another source might use “combatant” torefer to the same class of people under the law of war. 94.1.2 Classes and Categories Are Only the Starting Point for Legal Analysis. Whenanalyzing a person’s rights, duties, and liabilities under the law of war, it is important to analyzethe 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 alegal analysis. For example, whether a person may be the object of attack, may be detained, isentitled to POW status, or may be punished for their actions are all different questions. Althoughthese 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 specificanalysis should be done in each case, applying the legal rules to the facts, rather than deriving ananswer based on a conclusory labeling of a person as, for example, an “enemy combatant.” 10Indeed, some persons might, for some purposes, be treated like “combatants,” but for otherpurposes be treated like “civilians.” 114.2 THE ARMED FORCES AND THE CIVILIAN POPULATIONThe law of war has recognized that the population of an enemy State is generally dividedinto two classes: the armed forces and the civilian population, also sometimes called,respectively, “combatants” and “civilians.” This division results from the principle ofdistinction. 124.2.1 Development of the Distinction Between the Armed Forces and the CivilianPopulation. A citizen or national of a State that is a party to a conflict, as one of the constituentsof a State that is engaged in hostilities, may be subjected to the hardships of war by an enemyState. 13 However, because the ordinary members of the civilian population make no resistance,it has long been recognized that there is no right to make them the object of attack. 14 Thus,9 Refer to § 4.3.2 (Combatant – Notes on Terminology).10 Refer to § 4.18.1 (Private Persons Who Engage in Hostilities – Notes on Terminology).11 Refer to § 4.2.3 (Mixed Cases).12 Refer to § 2.5 (Distinction).13 See, e.g., Johnson v. Eisentrager, 339 U.S. 763, 772-73 (1950) (“The alien enemy is bound by an allegiance whichcommits him to lose no opportunity to forward the cause of our enemy; hence the United States, assuming him to befaithful to his allegiance, regards him as part of the enemy resources. It therefore takes measures to disable himfrom commission of hostile acts imputed as his intention because they are a duty to his sovereign.”); LIEBER CODEart. 21 (“The citizen or native of a hostile country is thus an enemy, as one of the constituents of the hostile state ornation, and as such is subjected to the hardships of the war.”).14 See LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 204 (§57) (“Those private subjects of the belligerentswho do not directly or indirectly belong to the armed forces do not take part in it; they do not attack and defend; andno attack ought therefore to be made upon them.”); G. SHERSTON BAKER, II HALLECK’S INTERNATIONAL LAW 15-16(20.3) (1908) (“Feeble old men, women, and children, and sick persons, come under the general description ofenemies, and we have certain rights over them as members of the community with which we are at war; but, as theyare enemies who make no resistance, we have no right to maltreat their persons, or to use any violence toward them,much less to take their lives.”); LIEBER CODE arts. 22, 23, 25 (explaining that protection of the “unarmed citizen,”100