Art. 1. The laws, rights, and obligations of war apply, not only to the army, but also to militia forces and to bodies of volunteers, which combine the following conditions:

(1) Having at their head a person responsible for his subordinates;

(2) Having a fixed, distinctive badge, recognizable at a distance;

(3) Carrying arms openly; and

(4) Conforming in their operations to the laws and usages of war.

In countries in which the militia or volunteers compose the army, or form part of it, they are included under the designation of "army."

Art. II. The population of a non-occupied territory who, at the approach of the enemy, take up arms spontaneously, in order to resist the troops of invasion, without having had time to organize in conformity to Article I, shall be considered as belligerents if they observe the laws and usages of war.

Art. III. The military forces of the belligerent parties may be composed of combatants and non-combatants. In case of capture by the enemy both shall be entitled to be treated as prisoners of war.