:To the unsigned poster above: If a person does not qualify for combatant status, they become subject to the criminal law applicable. That means they can be arrested, tried and sentenced, but Geneva Convention 4 prohibits punishment without due process. To confirm what 3mta3 said, it also provides that: "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal." (Geneva Convention 4, http://www.icrc.org/ihl.nsf/FULL/375?OpenDocument). It's quite true that there used to be a tradition of summary execution for violations of IHL, but that's no longer official policy in "civilized" armed forces. But I'm getting a teeny bit off-topic ;-)