480
International humanitarian Law
(d) that of conducting their operations in accordance with the
laws and customs of war
By changing the required conditions for combatants, Protocol I of
1977 widens the protection of prisoners of war. Since the conditions
are reduced, a person may now qualifies as a prisoner of war although
he would not have enjoyed protection under the Geneva Convention
Ill. This extension will prove to be more useful than the presumption
clause in the Geneva Convention that protection of a prisoner of war
will continue until any question concerning his status has been settled
by a competent Tribunal. P
Article 43 of Protocol 1_ provides that the armed forces of a party
to a conflict consist of all organized armed forces, groups and units
which are under a command responsible to that Party, that such armed
forces shall be subject to an internal disciplinary system which, shall
enforce compliance with the rules of international law applicable in
armed conflict, -and that members of the armed forces of a Party to a
conflict... are combatants.
Regarding 'prisoners of war' status, Article 44 of Protocol I
provides that:
l. Any combatant, as defined in Article 43, who falls into the
power of an adverse Party, shall be a prisoner of war.
2...
3. .combatants are obliged to distinguish themselves from
•the civilian population while they are engaged in an attack or
in a military operation preparatory to the attack.
Recognizing, however, that there are situations in armed
conflicts where, owing to the nature of the hostilities an
armed combatant cannot so distinguish himself, he shall
retain his status as a combatant, provided that in such
situations, he carries his arms openly:
(a) during each military engagement; and
(b) -during such time as he is visible to the adversary while he
is engaged in a military deployment preceding the
launching of an attack in which he is to participate.