Chapter I: On the Qualifications of Belligerents

Art. 1. The laws, rights, and duties of war apply not only to the armies, but also to militia and volunteer corps, fulfilling the following conditions: I. To be commanded by a person responsible for his subordinates; II. To have a fixed distinctive emblem recognisable at a distance; III. To carry arms openly; and IV. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the “army,” or form part of it, they are included under the term.

Art. 2. The population of a territory which has not been occupied who, on the enemy’s approach, spontaneously take up arms to resist the invading troops without having time to organise themselves in accordance with Article I, shall be regarded a belligerent, if they respect the laws and customs of war.

Art. 3. The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy both have a right to be treated as prisoners of war.