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Regulation of legal status of combatants in contemporary armed conflicts

Author: Cauia Alexandr
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Scientific adviser: Natalia Chirtoacă
doctor, professor,
Institution: Institute of History of the ASM
Scientific council: D 15-12.00.10-27.03.08
Institute of History of the ASM


The thesis was presented on the 16 September, 2011
Approved by NCAA on the 11 November, 2011


Adobe PDF document0.38 Mb / in romanian


armed conflict, combatant, „illegal combatant”, non-combatant, mercenary, volunteer, war criminal, terrorist, employee of Private Military Companies, member of Peacekeeping Forces


Dissertation structure: introduction, 4 chapters, general conclusions and recommendations, bibliography which includes 217 sources, basic text is set forth on 165 pages. The results of the research work were exposed in 12 scientific articles.

Study domain. The research work presents a study of the legal status of the combatant through the challenges of contemporary armed conflicts and the existing legal norms.

Goal and objective of dissertation. The goal of the research is a theoretical analysis of the elements of the combatant status but the objectives are the analysis of evolution of legal status of combatant and unlawful combatants, a legal regime of protection of the persons directly participating in operations, mechanisms of protection of journalists, guarantees granted to combatants, legal protection of non-combatants, the status of women combatants and child soldiers, the legal status of member of PMC in relation to the status of combatant, the differences between terrorist and combatant, the concept of direct participation in hostilities, the legal status of participants in the Dniester conflict in 1992.

Scientific novelty and originality. The scientific novelty of the study is a detailed and complex analysis of the legal status of combatants in contemporary armed conflicts, a resolved scientific problem is to develop a new approach of legal status of combatants in the light of the difficulties caused by such phenomena, as: “asymmetric” armed conflicts, “war against terrorism”, intervention of the PMC and the status of a military contingent of the United Nations in armed conflicts.

Theoretical significance. The received results, conclusions and proposals contain a number of theoretical and practical significance. Results can fill the gap in national doctrine, devoted to works in the field of international humanitarian law.

Practical significance of the research work. The results obtained during the research can find their wide application among the staff of the Ministry of Defense and the Ministry of Education as well as in the process of curriculum development and preparation of analytical programs on “International humanitarian law” discipline.

Implementation of scientific results. The doctoral thesis proposals, conclusions and recommendations were widely used in the process of curriculum development, teaching the course of “International humanitarian law” at the Free International University of Moldova and at the Military Academy “Alexandru cel Bun”.