Boston1, et al,
There is no such thing as a "legitimate resistance." It is the consensus of the International Community that international disputes shall be settled by peaceful means; Chapter I, Article 2(3).
(COMMENT)I dont' see anything in the conventions which gives any special consideration to something termed "legitimate resistance" a combatant is a combatant is a combatant. Which is very different from a protected person.
And POWs can be held in camps segregated in whatever manor the Sovereign powers judiciary deems fit. However he conventions do specify that female prisoners of war be held separate from male prisoners of war.
From what I can see any threat to the state constitutes a forfeiture of protected persons status
A resistance movement is generally thought of as a segment of the civilian community that has banded together to conduct coordinated hostile operations against the Occupation Command in a covert and/or clandestine manner. They are meant to be indistinguishable from the normal, non-Hostile protected persons.
ARTICLE 68 [ Link ]
Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 [ Link ] of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 [ Link ] and 65 [ Link ] may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence.
Again, there is no such thing as a legitimate resistance movement. That would be the opposing armed force.
Most Respectfully,
R
Thats what I thought.
So protestors with signs out in front of a gov building shouting slogans is about the extent of a legal protest.
The pali's on the other hand are stabbing pregnant woman in the streets. Seems to be that places them squarely in the category of illegal combatants. Unless that is they strap on a uniform prior to every attack.