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Unprivileged combatants
There are several types of combatants who do not qualify as privileged combatants:
- Combatants who would otherwise be privileged but have breached the laws and customs of war (e.g., committing perfidy or killing surrendered enemy combatants). The loss of privileges in that case only occurs upon conviction, i.e. after a competent court has determined the unlawfulness of the conduct in a fair trial.
- Combatants who are captured without the minimum requirements for distinguishing themselves from the civilian population, i.e. carrying arms openly during military engagements and the deployment immediately preceding it, lose their right to prisoner of war status without trial under Article 44 (3) of Additional Protocol I.
- Spies, i.e. persons who collect information clandestinely in the territory of the opposing belligerent. Members of the armed forces conducting reconnaissance or special operations behind enemy lines are not considered spies as long as they wear their own uniform.
- Mercenaries,[9] child soldiers, and civilians who take a direct part in combat and do not fall into one of the categories listed in the previous section.[10][11]
Most unprivileged combatants who do not qualify for protection under the Third Geneva Convention do so under the Fourth Geneva Convention (GCIV),[12] which concerns protected civilians, until they have had a "fair and regular trial". If found guilty at a regular trial, they can be punished under the civilian laws of the detaining power.
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