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detained as a POW. 181 If a person joins a levée en masse, he or she may be held as a POW evenif he or she actually took no part in fighting. 182If detained, a person believed to have participated in a levée en masse should be treatedas a POW until a determination is otherwise made by a competent tribunal. 183 If a competenttribunal determines that a person did not join the levée en masse but instead committed privateacts of hostility against enemy military forces, 184 the person may be treated as an unprivilegedbelligerent. 1854.8 RIGHTS, DUTIES, AND LIABILITIES OF CIVILIANSLike combatants, members of the civilian population also have certain rights, duties, andliabilities under the law of war. Civilians may not be made the object of attack. If detained,civilians are entitled to humane treatment and a variety of additional protections. Civilians lackthe combatant’s privilege, and may be punished, after a fair trial, by an enemy State for engagingin hostilities against it.4.8.1 Civilians – Notes on Terminology. Like other terms, “civilian” is used in a varietyof different ways in the law of war. 1864.8.1.1 “Civilian” Versus “Military”. Sometimes, “civilian” is used to describepersons who are not military personnel. For example, persons authorized to accompany thearmed forces are often called “civilians” in this sense, even though they are POWs if they fallinto the power of the enemy during international armed conflict. 1874.8.1.2 “Civilian” Versus “Combatant”. “Civilian” is also often used to refer topersons who are not “combatants.” Since “combatant” is often used in different ways, “civilian,”correspondingly, is also used in different ways. For example, sometimes “civilians” is used torefer to persons who lack the right to participate in hostilities. Other times “civilian” is used torefer to persons who neither have the right to participate in hostilities nor have in factparticipated in hostilities. 188 For example, “civilian” casualty reports generally excludeinsurgents or terrorists, even though some might call such persons “civilians” because they arenot entitled to participate in hostilities.181 1956 FM 27-10 (Change No. 1 1976) 65 (“Even if inhabitants who formed the levee en masse lay down theirarms and return to their normal activities, they may be made prisoners of war.”).182 1958 UK MANUAL 100 (“If it is shown that they joined the levée en masse, but took no part in the defence, theymay be held as prisoners of war.”).183 Refer to § 4.27.3 (Competent Tribunal to Assess Entitlement to POW Status or Treatment).184 Refer to § 4.18 (Private Persons Who Engage in Hostilities).185 Refer to § 4.19 (Rights, Duties, and Liabilities of Unprivileged Belligerents).186 Refer to § 4.3.2 (Combatant – Notes on Terminology).187 Refer to § 4.15.3 (Persons Authorized to Accompany the Armed Forces – Detention).188 See, e.g., GC COMMENTARY 134 (“These rules [for the protection of the wounded and sick] are even moreessential when the wounded or sick person is a civilian, i.e. a person who, by definition, takes no part in thehostilities.”).127

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