What are the rights and protections of detained third-country nationals? Are they protected as Prisoners of War (POWs)? No one affected by armed conflict may be excluded from legal protection because of their actions, or on grounds of their citizenship. Whatever legal category they belong to under the circumstances and whatever their nationality, detained, wounded, and deceased third-country nationals who have engaged in combat remain within IHL’s scope of protection at all times. ![]() However, the fighters’ nationalities and the circumstances of their participation can affect their status and corresponding rights if they fall into the hands of the adversary. ![]() ![]() There is no rule requiring States to rely exclusively on their own citizens to comprise their armed forces, and individuals who come from abroad to fight are not, without more, violating IHL. International humanitarian law does not prohibit participation in hostilities by third-country nationals.
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