A/HRC/42/CRP.1 The following sections will look at targeting, weapon use and the implementation and enforcement of the law. (a) Targeting Law Who and what can be targeted 61. Separate rules regulate the targeting of people and of objects but, in both cases, they are based on a distinction between military (including those who take a direct part in hostilities) and civilian. People 62. In an international armed conflict (IAC), a party to the conflict can target the fighting members of the armed forces of other side, irrespective of what they are doing at the time and whether or not they constitute a threat.26 The only exception is where the personnel in question have ceased to take part in the fighting (hors de combat) by virtue of wounds, illness, surrender, shipwreck, bailing out of aircraft in distress or capture. The armed forces of a State party to the conflict consist of regular armed forces and any militia fighting as part of those forces. Additionally militia fighting for a State party to the conflict with that party’s consent or acceptance, and satisfying four cumulative requirements, may also be seen as forces that may take part in the conflict and be attacked. In order to qualify, a militia must have a fixed distinctive emblem recognisable at a distance. This is so as to enable their opponent to distinguish them from civilians. It is not necessary for a full uniform to be worn. Any distinctive sign, such as particular headgear, will be sufficient. It should be worn at all times that they are visible to the adversary or at least when they are engaged in military activity27.The second requirement is that the members of the militia bear their arms openly. The third is that they must be commanded by a person responsible for his subordinates, which means in practice that there must be an effective system of command and control. Finally the members of the militia must conduct their operations in accordance with the laws and customs of war 28.The fighting members of the armed forces, and militias that qualify, in IAC are combatants, a status which exists only in IAC. They are entitled to fight, that is to say that they cannot be prosecuted merely for the fact of fighting. Upon capture or surrender, they are normally entitled to the status of prisoner of war. 63. In both IAC and NIAC, civilians cannot be made the object of attack. In an IAC, civilians are all persons who are not combatants. In a NIAC, the position is more complicated as it would at first glance appear that all persons except the armed forces of a State are civilians.29 However, this may not necessarily be the case. In any case, civilians lose their protection from attack when and for such time as they take a direct part in hostilities. They can also subsequently be prosecuted for regular crimes, e.g. murder, carrying firearms etc., committed whilst fighting.30 64. The ICRC launched a study into this subject and issued “Interpretive Guidance on the Notion of Direct Participation in Hostilities” in 2009 31. This guidance suggested that organized armed groups, constituting the armed forces of a non-State party to a noninternational armed conflict, would also be excluded from civilian status but limited this to 26 Certain members of the armed forces, such as military medical personnel and religious personnel, are members of the forces (e.g. they will be in uniform and have a rank) but they are not permitted to take part in the fighting. Provided they do not take part in the fighting, they cannot be targeted but they are likely to be at risk by virtue of their location. Military medical personnel may bear small arms for the defence of their patients. See ICRC Study on customary IHL, rule 3. 27 Military activity includes not merely firing weapons but also for example collecting military supplies. 28 Hague Convention IV of 1907 Respecting the Laws and Customs of War on Land, Annexed Regulations, Art.1; see generally ICRC Study on customary IHL, rule 4. 29 This follows from the lack of combatant status in NIAC. 30 See ICRC Study on customary IHL, rules 1, 5 and 6. 31 ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, May 2009. 16