It refers to the legal position or condition of a person, property or place/territory under International Humanitarian Law.
Unlike human rights law, for example, under IHL the set of rules that applies to a particular situation is often dependent on the status of the persons or objects involved, and sometimes even the territory on which certain conduct is carried out.
IHL recognizes particular protections for the following categories of persons, places and objects:
- Wounded, sick or shipwrecked persons;
- Combatants;
- Prisoners of war;
- Medical aircraft;
- Medical and religious personnel;
- Civilian persons;
- Cultural property;
- Civil defence personnel;
- Occupied territory;
- non-defended localities and demilitarizd zones;
- hospital and safety zones.
IHL also uses the term when it clarifies that its application does not affect the legal status of armed groups.
Furthermore, international humanitarian law deals with the status of public officials and judges of an occupied territory by providing that the Occupying Power may not alter their status.
See Classification of persons; Protected persons; Legal Status of the parties;
CASES
Malaysia/Philippines, Conflict over the Sultanate of Sulu
Israel, Blockade of Gaza and the Flotilla Incident
European Court of Human Rights, Kononov v. Latvia
United States, Jurisprudence Related to the Bombing of the U.S.S. Cole
LEGAL SOURCE
of wounded and sick See Wounded and sick GCI, 13 (see ICRC updated Commentary), 14 (see ICRC updated Commentary)
of shipwrecked See Shipwrecked GCI, 13 (see ICRC updated Commentary)
of combatant See Combatant HR, 1-3 PI, 43-47
of POWs See Prisoner of war HR, 1-3 GCIII, 4
of medical personnel See Medical personnel
of religious personnel See Religious personnel
of civilians See Civilian population PI, 50 CIHL, 5
of civilian object See Civilian objects PI, 52 CIHL, 7 and 9
of civil defence personnel See Civil defence PI, 62-67
of parties to the conflict See Legal status of the parties
of non-defended localities See Non-defended localities
of demilitarized zones See Demilitarized zones
of hospital and safety zones and localities See Hospital and safety zones and localities