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Jim commented on the blog post Who Thinks This About The Law of War?
FredJ wrote “Someone caught carrying a weapon out of uniform in a combat zone can be shot on sight, or even after capture, as a spy.”
That is not true. Once captured, they are protected and cannot be executed without a trial. This is pretty clear from common article 3.
I think FredJ is confused by what used to be the law, rather than what the law is now. Summary execution of spies has been banned for years. Even the Hague Regulations in 1907 guaranteed them a trial before punishment.
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