What is the significance of the distinction




















Open Dictionary. Other entries for this word. Word Forms. Collocations and examples. Adjectives frequently used with distinction. Synonyms and related words. Difference and differences. Advantages and benefits. Grades and marks given for school or university work. Prizes and honours for other achievements. Distinction, however, usually suggests the perception of dissimilarity, as the result of analysis and discrimination: a carefully made distinction between two treatments of the same theme; whereas difference refers only to the condition of being dissimilar: the difference between Gothic and Roman architecture.

See honor. Words related to distinction characteristic , contrast , difference , discrepancy , discrimination , divergence , division , judgment , nicety , perception , quality , sensitivity , separation , consequence , excellence , importance , merit , prestige , reputation , acumen.

What happened? Bernhard Warner August 25, Fortune. What the U. The Bondboy George W. George Washington Ogden. Conflict between the USA and Afghanistan in can be considered international armed conflict. The mere fact of non-recognition of Taliban as eligible government of Afghanistan by most of the countries, including the USA, has no effect on the position of members of Taliban and their status of POW under the GC [14].

Providing, Taliban was considered armed forces of Afghanistan, the question of the fulfilment of requirements for entitlement of POW status as stated in Art. Thus, even though Art. Such requirement, even though only of the obligation of wearing the uniforms, can be concluded from wording of Art.

The same opinion was given by the Privy Council in the Mohamed Ali case in [19] and also in previously cited Quirin case [20]. Although, there are some scholars as Aldrich and Azubuike, who doubt the legality of such reasoning [21] , and thus they deny the existence of international customary rule which would provide for such requirements of the distinction also in relation to the members of armed forces [22].

The GC in Art. Dinstein however adds another requirement of lack of duty of allegiance to the detaining power [24]. He derives such requirement from the Koi case, as not specifically mentioned in GC.

However such requirement appears in provisions of Art. However, by the application of the provision Art. The same argument was given by Dinstein by whom such general presumption is given by adjudicating the requirements on collective and individual basis. On the other side, if group acts in accordance with the law of war, individual, if captured, should benefit from doubt. It can be argued that such decision of competent tribunal on the entitlement of POW in doubtful case will later constitute such general presumption for future cases as precedent.

Thus, until such decision is made by competent tribunal, every doubtful lawful combatant enjoys the protection of Third GC [30]. Model manual on the law or armed conflict. International Committee of Red Cross , 85 , No. Israel Yearbook of International Law , 32, p. There is no intermediate status; nobody in enemy hands can be outside the law. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces.

Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.

Cambridge: Cambridge University Press, p. Yearbook of United Nations Law , 26, p. The Third Geneva Convention relating to the status of prisoners of war. Mohamed Ali et al. Azubreike, L.



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