A civilian under the laws of war (also known as international humanitarian law) is a person who is not a member of the military and is not taking a direct part of hostilities in situation of armed conflict. Civilians are distinct from combatants. They are among the category of non-combatants and are afforded a degree of legal protection from the effects of combat and military occupation.
In U.S. parlance, a civilian is also not a law enforcement officer or not a firefighter. In addition, the term also includes one who is not a suspect/criminal or is not affiliated with that suspect/criminal, in order to differentiate between an innocent and a non-innocent, similar to that of a combatant and a civilian under the laws of war. (However, non-civilian personnel could fall under the category of suspect/criminal if they act outside of their official duties, depending on specific circumstances and interpretations of such). In a military context, Chapter 18 of Title 10 United States Code refers to law enforcement officers as civilians.
The word "civilian" goes back to the late 14th century and is from Old French civilien, "of the civil law". Civilian is believed to have been used to refer to non-combatants as early as 1829. The term "non-combatant" now refers to people in general who are not taking part of hostilities, rather than just civilians.
The International Committee of the Red Cross 1958 Commentary on 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War states: "Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, or again, a member of the medical personnel of the armed forces who is covered by the First Convention. There is no intermediate status; nobody in enemy hands can be outside the law. We feel that this is a satisfactory solution – not only satisfying to the mind, but also, and above all, satisfactory from the humanitarian point of view." The ICRC has expressed the opinion that "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action."
According to Article 50 of the 1977 Protocol I Additional to the Geneva Conventions, "1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A(1 ),(2),(3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian. 2. The civilian population comprises all persons who are civilians. 3. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character." The definition is negative and defines civilians as persons who do not belong to definite categories. The categories of persons mentioned in Article 4A(1 ),(2),(3) and (6) of the Third Convention and in Article 43 of the Protocol I are combatants. Therefore, the Commentary to the Protocol pointed that, any one who is not a member of the armed forces is a civilian. Civilian cannot take part in armed conflict. Civilian is given protection under the Geneva Conventions and Protocols thereto. Article 51 describes the protection that must be given to the civilian population and individual civilians. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the 1998 Rome Statute of the International Criminal Court also includes this in its list of war crimes: "Intentionally directing attacks against the civilian population as such or against individual civilians not taking part in hostilities". Not all states have ratified 1977 Protocol I or the 1998 Rome Statute, but it is an accepted principle of international humanitarian law that the direct targeting of civilians is a breach of the customary laws of war and is binding on all belligerents.
Civilians in modern conflicts
The actual position of the civilian in modern war remains problematical. It is complicated by a number of phenomena, including:
- the fact that many modern wars are essentially civil wars, in which the application of the laws of war is often difficult, and in which the distinction between combatants and civilians is particularly hard to maintain;
- guerrilla warfare and terrorism, both of which tend to involve combatants assuming the appearance of civilians;
- the growth of doctrines of "effects-based war", under which there is less focus on attacking enemy combatants than on undermining the enemy regime's sources of power, which may include apparently civilian objects such as electrical power stations; and
- the use of "lawfare", a term that refers to attempts to discredit the enemy by making its forces appear to be in violation of the laws of war, for example by attacking civilians who had been deliberately used as human shields.
Starting in the 1980s, it was often claimed that 90 percent of the victims of modern wars were civilians. The claim was repeated on Wikipedia's Did You Know on 14 December 2010. These claims, though widely believed, are not supported by detailed examination of the evidence, particularly that relating to wars (such as those in former Yugoslavia and in Afghanistan) that are central to the claims.
In the opening years of the twenty-first century, despite the many problems associated with it, the legal category of the civilian has been the subject of considerable attention in public discourse, in the media and at the United Nations, and in justification of certain uses of armed force to protect endangered populations. It has "lost none of its political, legal and moral salience."
Although it is often assumed that civilians are essentially passive onlookers of war, sometimes they have active roles in conflicts. These may be quasi-military, as when in November 1975 the Moroccan government organized the "green march" of citizens to cross the border into the former Spanish colony of Western Sahara to claim the territory for Morocco - all at the same time as Moroccan forces entered the territory clandestinely. In addition, and without necessarily calling into question their status as non-combatants, civilians sometimes take part in campaigns of nonviolent civil resistance as a means of opposing dictatorial rule or foreign occupation: sometimes such campaigns happen at the same time as armed conflicts or guerrilla insurrections, but they are usually distinct from them as regards both their organization and participation.
Under international maritime law and aviation law, a distinction is made between crew and passengers that is similar to that of combatants and civilians under the laws of war. Under their own municipal law, governments may extend the definition of who is a civilian to exclude those who work for the emergency medical services and emergency management agencies, because such personnel may from time to time need additional legal powers over and above those usually available to ordinary citizens.
Officials directly involved in the maiming of civilians are conducting offensive military operations and do not qualify as civilians.
- Civilian casualties
- Civilian casualty ratio
- Civil resistance
- Civil war
- Geneva Convention
- Guerrilla warfare
- International Committee of the Red Cross
- Laws of war
- Unlawful combatant
- "Merriam-Webster Dictionary". Merriam-Webster. Retrieved 18 February 2013.
- "10 U.S.C. 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES". US Gov Printing Office. Retrieved 27 August 2014.
- Jean Pictet (ed.) – Commentary on Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War (1958), p. 51. 1994 reprint edition.
- The relevance of IHL in the context of terrorism official statement by the ICRC 21 July 2005
- Hugo Slim, Killing Civilians: Method, Madness and Morality in War, Hurst, London, 2008.
- Kahnert, M., D. Pitt, et al., Eds. (1983). Children and War: Proceedings of Symposium at Siuntio Baths, Finland, 1983. Geneva and Helsinki, Geneva International Peace Research Institute, IPB and Peace Union of Finland, p. 5, which states: "Of the human victims in the First World War only 5% were civilians, in the Second World War already 50%, in Vietnam War between 50 - 90 % and according to some information in Lebanon 97%. It has been appraised that in a conventional war in Europe up to 99% of the victims would be civilians."
- Graça Machel, "The Impact of Armed Conflict on Children, Report of the expert of the Secretary-General, 26 Aug 1996, p. 9.
- Mary Kaldor, New and Old Wars: Organized Violence in a Global Era, Polity Press, Cambridge, 1999, p. 107.
- Howard Zinn, Moises Samam, Gino Strada. Just war, Charta, 2005, p. 38.
- Adam Roberts, "Lives and Statistics: Are 90% of War Victims Civilians?", Survival, London, vol. 52, no. 3, June–July 2010, pp. 115–35. Print edition ISSN 0039-6338. Online ISSN 1468-2699.
- Adam Roberts, "The Civilian in Modern War", Yearbook of International Humanitarian Law, vol. 12, T.M.C. Asser Press, The Hague, 2010, pp. 13–51. ISBN 978-90-6704-335-9; ISSN 1389-1359. One part of this article, relating to casualties, also appeared in Survival, June–July 2010, as footnoted above.
- Ian Brownlie, African Boundaries: A Legal and Diplomatic Encyclopaedia, C. Hurst, London, for Royal Institute of International Affairs, pp. 149-59 gives a useful account of the background and origin of the dispute over Western Sahara.
- See for example the chapters on the anti-Marcos movement in the Philippines (by Amado Mendoza) and on resistance against apartheid in South Africa (by Tom Lodge) in Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present, Oxford University Press, 2009 , pp. 179-96 and 213-30.
- Helen M. Kinsella. The Image Before the Weapon: A Critical History of the Distinction Between Combatant and Civilian (Cornell University Press; 2011) 264 pages; explores ambiguities and inconsistencies in the principle since its earliest formulation; discusses how the world wars and the Algerian war of independence shaped the issue.
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- Geneva Conventions for the protection of war victims
- US DoD definition of the term Civilian, refers to civilian law enforcement agencies