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 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