Document ID: chunk:federal_register_of_legislation:C2016C01093:schedule:5:p25
Version: federal_register_of_legislation:C2016C01093
Segment Type: schedule
Provision Reference: sch 5 (pt 25/59)
Character Range: 422794–425513

on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
     (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
     (e) is not a member of the armed forces of a Party to the conflict; and
     (f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

PART IV
CIVILIAN POPULATION
SECTION I
GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
Chapter I
BASIC RULE AND FIELD OF APPLICATION

Article 48—Basic rule
 In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.

Article 49—Definition of attacks and scope of application
 1. "Attacks" means acts of violence against the adversary, whether in offence of in defence.
 2. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party.
 3. The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land. They further apply to all attacks from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air.
 4. The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.
Chapter II
CIVILIANS AND CIVILIAN POPULATION

Article 50—Definition of civilians and civilian population
 1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
 2. The civilian population comprises all persons who are civilians.
 3. The presence within the civilian population of individuals who do not