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The International Committee of the Red Cross 1958 Commentary on 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War states: " Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, or again, a member of the medical personnel of the armed forces who is covered by the First Convention.
There is no intermediate status ; nobody in enemy hands can be outside the law.
We feel that this is a satisfactory solution – not only satisfying to the mind, but also, and above all, satisfactory from the humanitarian point of view.
" The ICRC has expressed the opinion that " If civilians directly engage in hostilities, they are considered ' unlawful ' or ' unprivileged ' combatants or belligerents ( the treaties of humanitarian law do not expressly contain these terms ).
They may be prosecuted under the domestic law of the detaining state for such action ".

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