A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. Under the Geneva Conventions, persons waging war must have the following four characteristics to be protected by the laws of war:
- In uniform: Wear distinctive clothing making them recognizable as soldiers from a distance.
- Openly bearing arms: Carrying guns or small arms and not concealing them.
- Under officers: Obedient to a chain of command ending in a political leader or government.
- Fighting according to the laws of war: Not committing atrocities or crimes, not deliberately attacking civilians or engaging in terrorism.
A combatant who has surrendered or been captured becomes a prisoner of war.
A captured person not wearing a uniform who is caught carrying weapons or engaging in warlike acts (such as a spy) is not a lawful combatant and is therefore not protected by the laws of war. Such persons should be treated according to applicable civilian laws (if any) or the Geneva Conventions. In practice they may be tortured (contrary to current international law) or executed .
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