A combatant is a person who takes a direct part in the hostilities of an armed conflict who upon capture qualifies for prisoner of war under the Third Geneva Convention (GCIII). An unlawful combatant is someone, such as a mercenary, who take a direct part in the hostilities but who upon capture does not qualify for prisoner of war status.Under Article 47 of Protocol I (Additional to the Geneva Conventions) it is stated in the first sentence "A mercenary shall not have the right to be a combatant or a prisoner of war." On 4 December1989 the United Nations passed resolution 44/34 the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. It entered into force on 20 October2001 and is usually known as the UN Mercenary Convention– International Convention against the Recruitment, Use, Financing and Training of Mercenaries A/RES/44/34 72nd plenary meeting 4 December1989 (UN Mercenary Convention). Article 2 makes it an offence to employ a mercenary and Article 3.1 states that "A mercenary, as defined in article 1 of the present Convention, who participates directly in hostilities or in a concerted act of violence, as the case may be, commits an offence for the purposes of the Convention." – International Convention against the Recruitment, Use, Financing and Training of Mercenaries
To qualify for Prisoner of war status persons waging war must have the following characteristics to be protected by the laws of war:
Members of the armed forces of a Party to the conflict
or members of militias not under the command of the armed forces
that of being commanded by a person responsible for his subordinates;
that of having a fixed distinctive sign recognizable at a distance;
that of carrying arms openly;
that of conducting their operations in accordance with the laws and customs of war.
or are members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
or inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.