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Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not " combatants if they carry arms openly and respect the
laws and customs of war The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
". It is slightly different from a
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belliger ...
, because some non-combatants are not civilians (for example,
military chaplain A military chaplain ministers to military personnel and, in most cases, their families and civilians working for the military. In some cases they will also work with local civilians within a military area of operations. Although the term ''cha ...
s who are attached to the belligerent party or
military personnel Military personnel are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, air force, space force, and coast guard), rank (officer, non-commissioned officer, or ...
who are serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
such as the Fourth Geneva Convention. The privileges that they enjoy under
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
depends on whether the conflict is an internal one (a
civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
) or an international one. In some nations, uniformed members of civilian police or
fire Fire is the rapid oxidation of a material (the fuel) in the exothermic chemical process of combustion, releasing heat, light, and various reaction products. At a certain point in the combustion reaction, called the ignition point, flames a ...
departments colloquially refer to members of the public as civilians.


Etymology

The word "civilian" goes back to the late 14th century and is from
Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intellig ...
''civilien''. Civilian is believed to have been used to refer to
non-combatant Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belliger ...
s as early as 1829. The term "non-combatant" now refers to people in general who are not taking part of hostilities in time of
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
, rather than just civilians.


Legal usage in war

The
International Committee of the Red Cross The International Committee of the Red Cross (ICRC; french: Comité international de la Croix-Rouge) is a humanitarian organization which is based in Geneva, Switzerland, and it is also a three-time Nobel Prize Laureate. State parties (signato ...
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 International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
: he is either a
prisoner of war A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of w ...
and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, or again, a member of the
medical personnel A medic is a person involved in medicine such as a medical doctor, medical student, paramedic or an emergency medical responder. Among physicians in the UK, the term "medic" indicates someone who has followed a "medical" career path in postgr ...
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." Article 50 of the 1977 Protocol I Additional to the Geneva Conventions provides: * 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 anyone who is not a member of the armed forces and does not take part of hostilities in time of war is a civilian. Civilians cannot take part in armed conflict. Civilians are 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 problematic. It is complicated by a number of phenomena, including: * the fact that many modern wars are essentially
civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
s, 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 Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, 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; * 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; * the term becomes ambiguous in societies that use widespread conscription, or otherwise "militarized societies," in which most adults have military training. This has been discussed with reference to the Israeli–Palestinian conflict. Starting in the 1980s, it was often claimed that 90 percent of the victims of modern wars were civilians. 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 The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yu ...
and in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
) that are central to the claims. In the opening years of the 21st 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 The Green March was a strategic mass demonstration in November 1975, coordinated by the Moroccan government, to force Spain to hand over the disputed, autonomous semi-metropolitan province of Spanish Sahara to Morocco. At that time, the Span ...
" of civilians to cross the border into the former Spanish colony of
Western Sahara Western Sahara ( '; ; ) is a disputed territory on the northwest coast and in the Maghreb region of North and West Africa. About 20% of the territory is controlled by the self-proclaimed Sahrawi Arab Democratic Republic (SADR), while the ...
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. Officials directly involved in the maiming of civilians are conducting offensive combat operations and do not qualify as civilians.


Civilian protection under international humanitarian law (IHL)

International humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war ('' jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by pro ...
(IHL) codifies treaties and conventions, signed and enforced by participating states, which serve to protect civilians during intra and interstate conflict. Even for non-treaty participants, it is customary for international law to still apply. Additionally, IHL adheres to the principles of distinction, proportionality, and
necessity Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient condition, in logic, something that i ...
; which apply to the protection of civilians in armed conflict. Although, despite the UN deploying military forces to protect civilians, it lacks formal policies or military manuals addressing exactly these efforts. The UN Security Council Report No 4: Protection of Civilians in Armed Conflict provides further evidence of the need for protection of civilians. Recognizing that large-scale civilian insecurity threatens international peace and stability, the UN aims to establish the means of protecting civilians and thereby work to ensure regional stability. Through the UN Security Council Report No 4, first published in 2008, the UN offers ways to support civilian protections in both intra and interstate conflict with a goal of encouraging regional states to police their own conflicts (such as the African Union policing African conflicts). Similarly, the UN Secretary-General
Kofi Annan Kofi Atta Annan (; 8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founde ...
reminded UN Member states that they have common interests in protecting African civilians through a shared “commitments to human security, and its rationale of indivisibility of peace and security.” Through a series of resolutions (1265, 1296, 1502,
1674 Events January–March * January 2 – The French West India Company is dissolved after less than 10 years. * January 7 – In the Chinese Empire, General Wu Sangui leads troops into the Giuzhou province, and soon takes cont ...
, & 1738) and presidential statements the
UN Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
“addresses: * compliance with international humanitarian law and relevant human rights law, accountability for violations and humanitarian access; * the role of UN peacekeeping operations or other UN-mandated missions; * protection of specific groups; * the impact of small arms; and * regional cooperation. The Security Council is now involved in the protection of civilians in five main areas of action. * It reinforces general norms—in particular the rules of international humanitarian law. * It uses its Chapter VII powers to mandate either UN peacekeeping missions or regional organizations or groups of member states to take measures including the use of force to protect civilians. * It can develop middle ground using its Chapter V, VI and VIII powers to influence parties to conflict in country-specific situations to observe protection norms. * It uses its Chapter VI powers to try to prevent or limit the outbreak of armed conflict through mediation and other initiatives. * Finally, the Council can hold parties accountable for violations of international humanitarian law by imposing targeted measures, establishing commissions of inquiry, authorizing ad hoc tribunals or referring situations to the
International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
(ICC).” In response to presidential statements and previous subcommittee work, the UN Security Council held a meeting in January 2009, specifically to address the protection of civilians within the context of the IHL. While no specific outcome followed this meeting, it did lead to the production of a 10-year assessment of Council actions since the passing of resolution 1265 in 1999. In addition to the UN treaties, regional treaties have also been established, such as the African Union Constitutive Act Article 4(h) which also outlines the protection of civilians and “affords the Union a right to forcibly intervene in one of its member states in ‘grave circumstances’, namely war crimes, genocide and crimes against humanity.” This is proposed to indicate the African Union will no longer stand by to watch atrocities happen within the Union. As described by Said Djinnit (AU’s Commissioner for Peace and Security) in 2004, “Africans cannot ..watch the tragedies developing in the continent and say it is the UN’s responsibility or somebody else’s responsibility. We have moved from the concept of non-interference to non-indifference. We cannot, as Africans, remain indifferent to the tragedy of our people” (IRIN News 2004). Although Article 4(h), while drafted, has not been activated, which raises the question of the AU's willingness to intervene in situations of “grave circumstance.” Regardless of the lead organization (UN, AU, other) “there is clearly a risk involved for international organizations that in assuming a complicated security role such as civilian protection, they may raise expectations among local populations that cannot be met, usually not even by large-scale peace operations with a comprehensive political component, supported by high force levels, overall professionalism, and the political stamina to stay present long-term. The disappointing outcomes, in Africa and elsewhere, have led some to criticize the way in which the decentralization policies have been implemented (MacFarlane and Weiss 1992; Berman 1998; Boulden 2003).”


Civilians in domestic law

Most nations clearly distinguish military authorities from the civil administration via the national constitution; or else in statute law where no codified constitution exists. This usually serves to place control of military forces under the presiding civilian government. "Civilian" is frequently provided as a negative definition where anyone who is not a member of the military is (by default) a civilian. In keeping with IHL, this offers no intermediary status. Involvement and jurisdiction of the armed forces in civil affairs varies from nation to nation. In France and Italy, the
National Gendarmerie The National Gendarmerie (french: Gendarmerie nationale, ) is one of two national law enforcement forces of France, along with the National Police. The Gendarmerie is a branch of the French Armed Forces placed under the jurisdiction of the Mini ...
and
Carabinieri The Carabinieri (, also , ; formally ''Arma dei Carabinieri'', "Arm of Carabineers"; previously ''Corpo dei Carabinieri Reali'', "Royal Carabineers Corps") are the national gendarmerie of Italy who primarily carry out domestic and foreign polic ...
are military agencies permanently tasked to supporting domestic civilian law-enforcement, usually focussed on serious organised crime and counter-terrorism. Until 2008, the South African
Commando System The Commando System was a mostly voluntary, part-time force of the South African Army, but in their role as local militia the units were often deployed in support of and under the authority of the South African Police. Mission South Africa's ...
(a volunteer militia within the South African Army) assisted the Police Service in rural areas until they were replaced by specialised Police units. Section 201 of the South African constitution allows military forces to assist Police only with Presidential approval. The British military does not intervene in law enforcement matters other than by exceptional ministerial approval. During the 1980 Iranian Embassy Siege, the Metropolitan Police were able to request military support and the Prime Minister approved deployment of the SAS. Unarmed military personnel routinely deploy in support for natural disasters, bomb disposal, etc. under
MACA MACA or maca can mean: * Maca (plant) Places Geography * Maca District, Peru * Cerro Macá, stratovolcano in the Aisén Region of Chile * Maca River, Romania Outer space * 5228 Máca, a minor planet People * Alain Maca (born 1950), Belgian ...
. In 1969 the British Army was deployed to Northern Ireland under
Operation Banner Operation Banner was the operational name for the British Armed Forces' operation in Northern Ireland from 1969 to 2007, as part of the Troubles. It was the longest continuous deployment in British military history. The British Army was initial ...
to support the
local police Municipal police, city police, or local police are law enforcement agencies that are under the control of local government. This includes the municipal government, where it is the smallest administrative subdivision. They receive funding ...
in the wake of rioting. This deployment inflamed local tensions, with the Provisional IRA launching a guerilla campaign from 1970 to 1997, during which time controversial actions such as
Operation Demetrius Operation Demetrius was a British Army operation in Northern Ireland on 9–10 August 1971, during the Troubles. It involved the mass arrest and internment (imprisonment without trial) of people suspected of being involved with the Irish Republi ...
took place, as well as atrocities such as the Bloody Sunday massacre. Operation Banner ultimately lasted 37 years, formally ending in 2007 and becoming the British Armed Forces' longest continuous operation. The many problems faced (and arguably caused by) Operation Banner have been influential in policy-making and the reluctance to deploy military forces domestically in anything other than exceptional circumstances (usually relating to serious terrorist threats). By contrast,
German law The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of G ...
prohibits entirely the peacetime intervention of military forces within Germany in armed roles. Military personnel may only be deployed in unarmed roles such as disaster relief. This was found to be deeply restrictive during the 1972
Munich massacre The Munich massacre was a terrorist attack carried out during the 1972 Summer Olympics in Munich, West Germany, by eight members of the Palestinian militant organization Black September, who infiltrated the Olympic Village, killed two member ...
when army snipers could not be deployed to assist Munich Police. GSG 9 was later formed within the Bundesgrenzschutz to provide an armed tactical capability within the civilian law enforcement structure. In the US, the 1878
Posse Comitatus Act The Posse Comitatus Act is a United States federal law (, original at ) signed on June 18, 1878, by President Rutherford B. Hayes which limits the powers of the federal government in the use of federal military personnel to enforce domestic p ...
forbids the use of the US Army for law enforcement purposes without the approval of Congress. A 2013 directive clarified that this included the Navy, Air Force and Marine Corp. In practice there are many nuances to this. The most notable being that the
US Coast Guard The United States Coast Guard (USCG) is the maritime security, search and rescue, and maritime law enforcement, law enforcement military branch, service branch of the United States Armed Forces and one of the country's eight Uniformed services ...
operates under the U.S. Department of Homeland Security during peacetime but can be transferred to the U.S. Department of the Navy and rendered "military" during times of war. The US National Guard are organised at a State level and under mixed control. Under Title 32, State Governors may deploy National Guard personnel in support of civilian law enforcement - Posse Comitatus would only apply to personnel activated under Title 10 and operating under federal control.


Colloquial usage

In colloquial usage, the term is sometimes used to distinguish non-military
law enforcement officer A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, ...
s and (in the US) firefighters from support staff or the general public. Regardless, such members are civilians - not
military personnel Military personnel are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, air force, space force, and coast guard), rank (officer, non-commissioned officer, or ...
- and are bound by
municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
;
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
and criminal law to the same extent as other members of the public. In the United Kingdom, Australia and New Zealand the term "civilian staff" can refer to police employees who are not warranted constables. In keeping with
Peelian Principles The Peelian principles summarise the ideas that Sir Robert Peel developed to define an ethical police force. The approach expressed in these principles is commonly known as policing by consent in the United Kingdom and other countries such as Ir ...
, the term "member of the public" is preferred for general usage to avoid suggesting that Police are something other than civilian. In the U.S., "Civilian oversight" or "Citizen oversight" is used to distinguish external committees (typically monitoring police conduct on behalf of civil administrations and taxpayers) from the internal management structure.


See also

*
Privatus In Roman law, the Latin adjective ''privatus'' makes a legal distinction between that which is "private" and that which is ''publicus'', "public" in the sense of pertaining to the Roman people (''populus Romanus''). Used as a substantive, the ...


References


Further reading

* Helen M. Kinsella. '' The Image Before the Weapon: A Critical History of the Distinction Between Combatant and Civilian'' (
Cornell University Press The Cornell University Press is the university press of Cornell University; currently housed in Sage House, the former residence of Henry William Sage. It was first established in 1869, making it the first university publishing enterprise in t ...
; 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.


External links


US DoD definition of the term Civilian, refers to civilian law enforcement agencies
{{Authority control Law of war Civilians in war