![]() If, for example, they join the armed forces of the State prior to their capture, or if the State incorporates their unit into its armed forces, the captured combatants are protected as prisoners of war (POW) under the Third Geneva Convention. When fighters from non-belligerent States are captured, their status largely depends on the type and degree of affiliation they have with the State they are fighting for. What are the rights and protections of detained third-country nationals? Are they protected as Prisoners of War (POWs)? ![]() No one affected by armed conflict may be excluded from legal protection because of their actions, or on grounds of their citizenship. Whatever legal category they belong to under the circumstances and whatever their nationality, detained, wounded, and deceased third-country nationals who have engaged in combat remain within IHL’s scope of protection at all times. ![]() However, the fighters’ nationalities and the circumstances of their participation can affect their status and corresponding rights if they fall into the hands of the adversary. There is no rule requiring States to rely exclusively on their own citizens to comprise their armed forces, and individuals who come from abroad to fight are not, without more, violating IHL. International humanitarian law does not prohibit participation in hostilities by third-country nationals. The status and protection of third-country nationals in international armed conflict.
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