Non-combatant
[4] Treaty II, Article 3 of the 1899 Convention maintains that surrendering belligerent fighters are to be treated as prisoners of war unless they are out of proper uniforms (i.e. spies).
Article 13 of the same section declares that any other non-combatant or civilian affiliated with but not part of the belligerent military, such as reporters and contractors, have the same right to be treated as a prisoner of war.
In addition to the above, Article 27 states that if any sieges do occur, places devoted to religion, charity or hospitals should be avoided if possible, as long as they have no strategic affiliations.
[6] Despite many nations signing at the Hague Conventions of 1899 and 1907, a number of the agreements were broken during World War I, including sections from Treaty IV involving poisons and the attacking of undefended towns and villages.
If aircrews land in territory controlled by the enemy, they must be allowed 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.
[12][13] While not all states have ratified Protocol I or the Rome Statute, these provisions reiterated existing customary laws of war which are binding for all belligerents in an international conflict.
[20] This does not necessarily include military, non-combatant or civilian people killed by radiation, disease, or other means as a result of war.
[25] Although there is no clear definition of terrorism, a terrorist can be explained as an individual who is a non-state actor who engages in armed hostilities toward a state or government during a time of peace.
[27] Individuals like the San Bernardino shooters, the Tsarnaev brothers and the people responsible for the September 11 attacks would be characterized as non-combatant terrorists.
[27] Combatant terrorists are captured and detained to put an end to their hostilities and are labeled as prisoners of war,[28] and non-combatants are considered criminals.
