Abstract
Abstract This chapter discusses the legal status of armed forces participating in self-defence operations in international and non-international conflicts. Regular armed forces in a self-defence operation in an international armed conflict are combatants in relation to the opposing State. They enjoy immunity in the assisted Receiving State and any Transit State as a matter of customary international law. In a non-international armed conflict, regular armed forces participating in a self-defence operation enjoy immunity in the assisted Receiving State and any Transit State as a matter of customary international law. Armed opposition fighters in non-international armed conflicts do not enjoy the combatant privilege under international humanitarian law. However, this does not preclude agreements or unilateral conferral of such status or amnesty from prosecution under national law for participation in hostilities which does not constitute a violation of international humanitarian law.
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