Non-combatant

Non-combatant is a term of art in the law of war and international humanitarian law, describing civilians who are not taking a direct part in hostilities; persons—such as combat medics and military chaplains—who are members of the belligerent armed forces but are protected because of their specific duties (as currently described in of the Geneva Conventions, adopted in June 1977); combatants who are placed hors de combat; and neutral nationals (including military personnel) who are not fighting for one of the belligerents involved in an armed conflict. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

Article 42 of Protocol I states that pilots and aircrews who are parachuting from aircraft in distress cannot be attacked regardless of what territory they are over. If pilots or aircrews land in territory controlled by the enemy, they must be given an opportunity to surrender before being attacked unless it is apparent that they are engaging in a hostile act or attempting to escape. Airborne forces who are descending by parachute from an aircraft, whether it is disabled or not, are not given the protection afforded by this Article and, therefore, may be attacked during their descent unless they are hors de combat.

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