What is the primary definition of a civilian in the context of war?

In times of war, a civilian is defined as a person who is not a member of any armed force engaged in the conflict. This distinction is fundamental in the laws of armed conflict, differentiating those who participate in hostilities from those who do not.

What is the legal implication of deliberately targeting civilians during armed conflict?

Deliberately targeting civilians with military attacks is considered a war crime under the law of armed conflict. International law mandates numerous considerations aimed at minimizing civilian casualties during wartime.

Under what circumstances do civilians lose their protection from attack?

Civilians lose their protection from attack if they engage in hostilities. Such individuals are then classified as unlawful combatants.

How does the term 'civilian' differ from 'non-combatant'?

While related, 'civilian' and 'non-combatant' are not identical. Some individuals who are not members of the military might still be considered non-combatants, such as military chaplains, personnel serving with a neutral country, or those supporting the war effort without directly engaging in combat.

What legal protections are afforded to civilians in territories of parties to an armed conflict?

Civilians within the territories of parties involved in an armed conflict are entitled to certain privileges under customary laws of war and international treaties, notably the Fourth Geneva Convention. The specific privileges depend on whether the conflict is international or a civil war.

What is the etymological origin of the word 'civilian'?

The word 'civilian' traces back to the late 14th century and originates from the Old French word 'civilien'. It is believed to have been used to denote non-combatants as early as 1829.

How has the usage of the term 'non-combatant' evolved?

Initially, 'non-combatant' was used similarly to 'civilian'. However, the term now more broadly refers to any person not taking part in hostilities during wartime, encompassing civilians and potentially others who fit specific criteria.

According to the International Committee of the Red Cross (ICRC) commentary on the Fourth Geneva Convention, what are the possible legal statuses for individuals in enemy hands?

The ICRC commentary states that every person in enemy hands must have a status under international law. They are either a prisoner of war under the Third Convention, a civilian covered by the Fourth Convention, or medical personnel covered by the First Convention, with no intermediate status possible.

What is the ICRC's position on civilians who directly engage in hostilities?

The ICRC holds the opinion that if civilians directly participate in hostilities, they are considered 'unlawful' or 'unprivileged' combatants. While these specific terms are not explicitly in humanitarian law treaties, such individuals may face prosecution under the domestic law of the detaining state for their actions.

How does Protocol I Additional to the Geneva Conventions define a civilian?

Protocol I Additional to the Geneva Conventions defines a civilian negatively. A civilian is any person who does not belong to specific categories of persons defined as combatants in Article 4A(1), (2), (3), and (6) of the Third Convention and Article 43 of Protocol I. If there is doubt about a person's status, they are to be considered a civilian.

What does Protocol I Additional state about the civilian population and individuals within it?

Protocol I Additional defines the civilian population as comprising all persons who are civilians. Importantly, the presence of individuals who do not meet the definition of civilians within the civilian population does not strip the population of its civilian character.

Is the principle of not directly targeting civilians universally binding, even for states that haven't ratified specific protocols?

Yes, it is an accepted principle of international humanitarian law that the direct targeting of civilians is a breach of customary laws of war. This principle is binding on all belligerents, regardless of whether they have ratified specific treaties like the 1977 Protocol I or the 1998 Rome Statute.

What are some phenomena that complicate the status of civilians in modern conflicts?

The status of civilians in modern conflicts is complicated by several factors, including the prevalence of civil wars where distinguishing combatants from civilians is difficult, the use of guerrilla warfare and terrorism where combatants may appear as civilians, doctrines of 'effects-based war' targeting civilian infrastructure, the use of 'lawfare', and the ambiguity in 'militarized societies' where many adults have military training.

How does guerrilla warfare and terrorism impact the distinction between combatants and civilians?

Guerrilla warfare and terrorism often involve combatants who deliberately assume the appearance of civilians. This tactic blurs the lines between combatants and non-combatants, making it challenging to apply protections and rules of engagement consistently.

What is 'lawfare' in the context of modern conflicts?

Lawfare refers to the strategic use of legal systems and international law to achieve military or political objectives. In the context of civilian protection, it can involve attempts to discredit an enemy by portraying their forces as violating the laws of war, for example, by alleging attacks on civilians who are being used as human shields.

What is the significance of the claim that 90 percent of war victims are civilians?

Starting in the 1980s, it was frequently claimed that 90 percent of victims in modern wars were civilians. However, detailed examinations of evidence, particularly concerning conflicts central to these claims, suggest these figures are not consistently supported by data.

Can civilians play active roles in conflicts beyond being passive observers?

Yes, civilians can sometimes take active roles in conflicts. These roles can be quasi-military, such as participating in organized movements into disputed territories like the 'green march' into Western Sahara. Civilians may also engage in campaigns of nonviolent civil resistance against oppressive regimes or occupations, which can occur concurrently with armed conflicts but are typically distinct in organization and participation.

What is International Humanitarian Law (IHL) and what does it aim to do?

International Humanitarian Law (IHL) comprises treaties and conventions that protect civilians during both international and internal conflicts. It also adheres to principles of distinction, proportionality, and necessity, all crucial for safeguarding civilians in armed conflict situations. Even states not party to specific treaties are generally bound by customary IHL principles.

What are the key principles that IHL adheres to for civilian protection?

IHL adheres to the principles of distinction, proportionality, and necessity. These principles guide military conduct to ensure that attacks are directed only at legitimate military objectives and that civilian harm is minimized.

What is the UN Security Council's role in civilian protection?

The UN Security Council addresses civilian protection through various resolutions and actions. It reinforces international humanitarian law norms, mandates peacekeeping missions or authorizes the use of force to protect civilians, influences parties to conflict to observe protection norms, engages in mediation to prevent conflict, and can hold violators accountable through targeted measures, commissions of inquiry, tribunals, or referrals to the International Criminal Court.

What regional agreements, like that of the African Union, exist for civilian protection?

Regional treaties also address civilian protection. For example, Article 4(h) of the African Union Constitutive Act grants the Union the right to intervene in member states under 'grave circumstances,' such as war crimes, genocide, and crimes against humanity, signifying a shift from non-interference to non-indifference regarding atrocities.

What risks are associated with international organizations undertaking civilian protection roles?

International organizations involved in civilian protection face the risk of raising expectations among local populations that cannot always be met, even with large-scale operations. Disappointing outcomes can lead to criticism regarding the implementation of protection policies.

How do most nations define 'civilian' within their domestic legal frameworks?

Most nations define 'civilian' through a negative definition, meaning anyone not explicitly designated as military personnel is considered a civilian by default. This distinction typically separates military authorities from civil administration, often placing military forces under civilian government control, and adheres to the principle that there is no intermediate status between civilian and combatant.

Can military forces be involved in domestic law enforcement or civil affairs, and how does this vary by country?

The involvement and jurisdiction of armed forces in civil affairs vary significantly between nations. Some countries, like France and Italy, have military police forces (Gendarmerie and Carabinieri) permanently tasked with supporting domestic civilian law enforcement, while others have stricter limitations.

What is the significance of the Posse Comitatus Act in the United States regarding military involvement in law enforcement?

The Posse Comitatus Act in the U.S. generally forbids the use of the U.S. Army for domestic law enforcement purposes without explicit congressional approval. Similar restrictions have been extended to other branches of the military, though nuances exist, particularly concerning the National Guard operating under state control.

How is the term 'civilian' used colloquially in relation to emergency services?

In colloquial usage, 'civilian' is sometimes used to distinguish non-military personnel in roles such as law enforcement, firefighting, and emergency medical services from the general public. However, these individuals remain bound by municipal, civil, and criminal laws just like any other member of the public.

What does 'civilian oversight' mean in the context of law enforcement, particularly in the U.S.?

In the U.S., 'civilian oversight' or 'citizen oversight' refers to external committees that monitor police conduct on behalf of civil administrations and taxpayers. This system is distinct from the internal management structure of the police department itself.

What is civilian crisis management within the European Union's security framework?

Civilian crisis management is a key component of the EU's Common Security and Defence Policy (CSDP). It serves as an instrument to support the EU's role as a global security provider, involving non-military missions to address crises.

In which countries does the EU currently maintain civilian missions as part of its crisis management efforts?

The EU currently maintains civilian missions in several countries, including Georgia, Iraq, Mali, Somalia, and the Central African Republic, as part of its broader security and defense policy.

What does the image of Ukrainian children in a shelter during the Russian invasion of Ukraine depict?

The image depicts Ukrainian children in a shelter in Kropyvnytskyi on March 1, 2022, illustrating the impact of the Russian invasion of Ukraine on the civilian population, particularly vulnerable groups like children.

What does the image of wounded civilians arriving at a hospital in Aleppo during the Syrian civil war convey?

The image shows wounded civilians arriving at a hospital in Aleppo in October 2012, during the Syrian civil war. It visually represents the human cost of conflict and the strain placed on medical facilities and personnel.

What is the historical context for the term 'civilian' being used for non-combatants?

The term 'civilian' has roots in Old French and emerged in the late 14th century. Its specific application to denote non-combatants in warfare became more common around 1829, distinguishing them from members of armed forces.

What is the significance of the 'negative definition' of a civilian in international law?

The 'negative definition' of a civilian, as found in Protocol I Additional to the Geneva Conventions, defines civilians by what they are not—specifically, not members of the armed forces or participants in hostilities. This approach ensures that anyone not clearly identified as a combatant is presumed to be a civilian and thus protected.

How does the principle of distinction in IHL relate to civilians?

The principle of distinction, a core tenet of IHL, requires parties to a conflict to distinguish between civilians and combatants, and between civilian objects and military objectives. Attacks may only be directed against combatants and military objectives, not against civilians or civilian objects.

What does the UN Security Council Report No 4 emphasize regarding civilian insecurity?

UN Security Council Report No 4 highlights that large-scale civilian insecurity poses a threat to international peace and stability. It underscores the UN's objective to establish means for protecting civilians as a way to foster regional stability.

What is the role of the UK's Ministry of Defence concerning Military Aid to the Civil Authorities (MACA)?

The UK's Ministry of Defence outlines policies for Military Aid to the Civil Authorities (MACA), which govern situations where military personnel may assist civilian bodies. This typically occurs in exceptional circumstances, such as disaster relief or bomb disposal, and requires ministerial approval.

What was the historical impact of Operation Banner in Northern Ireland on the use of military forces domestically?

Operation Banner, the British Army's deployment in Northern Ireland from 1969 to 2007, was the longest continuous operation of the British Armed Forces. Its numerous problems and controversies significantly influenced policy, leading to a general reluctance to deploy military forces domestically except in exceptional circumstances, usually related to severe terrorist threats.

How does German law restrict the use of military forces within Germany?

German law strictly prohibits the peacetime intervention of military forces in armed roles within Germany. Military personnel are generally limited to unarmed roles, such as disaster relief, a restriction that proved problematic during events like the Munich massacre, leading to the formation of specialized police units like GSG 9.

What is the distinction between Title 32 and Title 10 status for the U.S. National Guard?

Under Title 32, the U.S. National Guard operates under the control of state governors and can support civilian law enforcement. When activated under Title 10, they are under federal control, and the Posse Comitatus Act restrictions on using military forces for domestic law enforcement would apply.

What is the purpose of civilian oversight committees in U.S. law enforcement?

Civilian oversight committees in the U.S. serve to monitor police conduct independently of the police department itself. They act on behalf of the civil administration and taxpayers, providing a layer of accountability and transparency in policing.

What does the African Union's Article 4(h) signify regarding intervention in member states?

Article 4(h) of the African Union Constitutive Act grants the AU the authority to intervene in a member state's affairs in cases of grave circumstances, such as war crimes, genocide, or crimes against humanity. This provision reflects a commitment to addressing internal crises within the continent, moving beyond a strict policy of non-interference.

What is the core principle behind the shift from 'non-interference' to 'non-indifference' mentioned by Said Djinnit?

The shift from 'non-interference' to 'non-indifference,' as articulated by Said Djinnit, signifies a commitment by African nations, specifically the African Union, to not passively observe atrocities occurring within the continent. It implies a shared responsibility to act against human rights violations and humanitarian crises.

What legal framework protects civilians during armed conflicts?

Civilians are protected during armed conflicts primarily through International Humanitarian Law (IHL), which includes treaties like the Geneva Conventions and their Additional Protocols. These laws establish rules for the conduct of hostilities and the treatment of protected persons.

What does the term 'unlawful combatant' imply in the context of international law?

An 'unlawful combatant,' or 'unprivileged belligerent,' refers to individuals who engage in hostilities but do not meet the criteria to be considered lawful combatants under international law, such as members of organized armed groups belonging to a party to the conflict. Civilians who directly participate in hostilities can fall into this category and lose their protection from attack.

How does the definition of civilian in Protocol I Additional address situations of doubt?

Protocol I Additional to the Geneva Conventions includes a provision for situations of doubt regarding a person's status. If there is uncertainty whether an individual is a civilian or a combatant, that person shall be considered a civilian, thereby affording them the protections associated with civilian status.

What is the purpose of the 'See also' and 'References' sections in the article?

The 'See also' section provides links to related topics for further exploration, while the 'References' section lists the sources used to compile the information in the article, allowing readers to verify the facts and consult original materials.

What is the significance of the 'Authority control databases' section at the end of the article?

The 'Authority control databases' section provides links to standardized identifiers in various databases (like GND and NARA). This helps in uniquely identifying the subject ('Civilian') across different information systems and catalogs, aiding researchers and ensuring consistency in data.

Civilian Wiki: The Civilian Condition: Rights, Roles, and Realities in Conflict and Society

Dive in with Flashcard Learning!

When you are ready...
🎮 Play the Wiki2Web Clarity Challenge Game🎮

Defining the Civilian

Core Distinction

In the context of armed conflict, a civilian is fundamentally defined as any person who is not a member of any armed force engaged in the conflict.^[1] This status is crucial, as deliberately targeting civilians constitutes a war crime under the laws of armed conflict. International humanitarian law mandates specific considerations to minimize civilian casualties during wartime.^[1]

Civilian vs. Non-Combatant

While often used interchangeably, the term "civilian" differs slightly from "non-combatant." Some individuals who are not members of a military force may still support the war effort or perform specific roles (e.g., military chaplains, personnel serving with neutral countries) and are thus non-combatants but not necessarily civilians in the strictest sense.^[3] Civilians who engage in hostilities lose their protected status and may be considered unlawful combatants.^[5]

Broader Societal Context

Beyond warfare, the term "civilian" is often used colloquially to denote members of the general public outside of a specific group. For instance, first responders like firefighters and law enforcement officers may refer to the public as civilians, distinguishing them from their own professional ranks.^[2]

Etymology

Linguistic Origins

The term "civilian" traces its roots back to the late 14th century, originating from the Old French word civilien. Its application to non-combatants specifically dates back to at least 1829. The related term "non-combatant" evolved to encompass anyone not participating in hostilities, rather than solely civilians.^[3]

Legal Status in Conflict

Foundational Protections

International humanitarian law (IHL), including treaties like the Fourth Geneva Convention, provides critical protections for civilians during wartime. The International Committee of the Red Cross (ICRC) commentary emphasizes that every person in enemy hands must have a defined status under international law—either a prisoner of war or a civilian covered by the Fourth Convention. There is no intermediate status.^[4]

Defining Civilians Under IHL

Protocol I Additional to the Geneva Conventions (1977) defines a civilian negatively: any person not belonging to specific categories of combatants (as defined in the Third Convention and Article 43 of Protocol I).^[9] In cases of doubt, a person must be considered civilian. The civilian population comprises all civilians, and the presence of individuals not meeting the civilian definition does not strip the population of its civilian character.^[9]

Targeting and Accountability

Directly targeting the civilian population or individual civilians not participating in hostilities is explicitly prohibited and constitutes a war crime under the Rome Statute of the International Criminal Court.^[8] While not all states are party to Protocol I or the Rome Statute, this prohibition is considered a binding principle of customary international law.^[8] Civilians who directly engage in hostilities may be prosecuted under domestic law.^[5]

Civilians in Modern Conflicts

Complexities and Challenges

The position of civilians in contemporary warfare presents significant challenges:

Civil Wars: The blurring lines between combatants and civilians make applying IHL difficult.
Asymmetric Warfare: Guerrilla tactics and terrorism often involve combatants assuming civilian appearances.
Doctrine Shifts: "Effects-based" approaches may target infrastructure impacting civilians.
Lawfare: Attempts to discredit adversaries by alleging civilian targeting, sometimes involving human shields.
Militarized Societies: Widespread conscription can blur the distinction between military and civilian populations.

The claim that 90% of modern war victims are civilians, while widely cited, faces scrutiny upon detailed examination of specific conflicts.^[16]

Visual Context (Descriptive)

Illustrative scenarios highlight the civilian experience in conflict. For example, images depict Ukrainian children seeking shelter during the Russian invasion of Ukraine (March 2022), underscoring the impact on non-combatants. Similarly, scenes from the Syrian civil war show wounded civilians arriving at a hospital in Aleppo (October 2012), emphasizing the human cost of prolonged conflict.

Civilian Protection under IHL

Principles and Mechanisms

International humanitarian law establishes treaties and conventions to protect civilians. Key principles guiding IHL include distinction (differentiating combatants from civilians), proportionality (avoiding excessive civilian harm relative to military advantage), and necessity. The UN Security Council actively addresses civilian protection through resolutions, mandates for peacekeeping operations, and imposing targeted measures for violations.^[22]

Regional Commitments

Regional organizations also play a role. The African Union's Constitutive Act (Article 4(h)) allows intervention in member states facing grave circumstances like war crimes or crimes against humanity, reflecting a shift from non-interference to "non-indifference."^[25] However, the practical application of such provisions remains a subject of discussion.^[27]

Expectations and Realities

While international efforts aim to protect civilians, there's a risk of raising unrealistic expectations. Large-scale peace operations may struggle to meet demands, leading to disappointment. The implementation of civilian protection policies requires careful consideration of operational capacity, political will, and long-term commitment.^[28]

Civilians in Domestic Law

National Frameworks

Most nations distinguish between military and civil administration, typically placing military forces under civilian government control. The term "civilian" often serves as a default definition for anyone not designated as military personnel. However, the specific roles and limitations regarding military involvement in domestic affairs vary significantly:

France & Italy: Military gendarmeries support domestic law enforcement.
South Africa: Historically used militia assistance; now constitutionally limited military deployment.
United Kingdom: Military aid to civil authorities (MACA) requires ministerial approval, typically for exceptional circumstances like terrorism or disaster relief.
Germany: Strict constitutional prohibition on armed military intervention in domestic law enforcement, leading to specialized police units (GSG 9).
United States: The Posse Comitatus Act restricts military use for law enforcement, with nuances for the National Guard and Coast Guard.

In some contexts, like the UK, "civilian staff" refers to non-warranted police employees.^[37]

Colloquial and Extended Usage

Beyond Warfare

In everyday language, "civilian" often distinguishes members of the public from specific professional groups, including:

Emergency Services: Police officers (non-warranted), firefighters, and EMS personnel are civilians, subject to civil and criminal law.
Oversight Bodies: "Civilian oversight" refers to external committees monitoring police conduct, distinct from internal management.
International Organizations: Civilian crisis management is a core component of the EU's Common Security and Defence Policy (CSDP), involving missions in various countries.

Some prefer the term "member of the public" to avoid implying police are non-civilian.^[38]

Teacher's Corner

Edit and Print this course in the Wiki2Web Teacher Studio

Edit and Print Materials from this study in the wiki2web studio

Click here to open the "Civilian" Wiki2Web Studio curriculum kit

Use the free Wiki2web Studio to generate printable flashcards, worksheets, exams, and export your materials as a web page or an interactive game.

True or False?

Test Your Knowledge!

Gamer's Corner

Are you ready for the Wiki2Web Clarity Challenge?

Learn about civilian while playing the wiki2web Clarity Challenge game.

Unlock the mystery image and prove your knowledge by earning trophies. This simple game is addictively fun and is a great way to learn!

Play now

Explore More Topics

Discover other topics to study!

cambridge riots of 1963

united states capitol rotunda

References

Hugo Slim, Killing Civilians: Method, Madness and Morality in War, Hurst, London, 2008.

Howard Zinn, Moises Samam, Gino Strada. Just war, Charta, 2005, p. 38.

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.

A full list of references for this article are available at the Civilian Wikipedia page

Feedback & Support

To report an issue with this page, or to find out ways to support the mission, please click here.

Disclaimer

Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal advice. The information provided on this website pertains to complex legal and humanitarian topics related to armed conflict and international law. It is not a substitute for professional legal consultation, diagnosis, or treatment. Always seek the advice of a qualified legal professional or expert in international humanitarian law with any questions you may have regarding specific situations or legal matters. Never disregard professional legal advice or delay in seeking it because of information presented on this website.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.

The Civilian Condition

💡 Dive in with Flashcard Learning! 💡

Defining the Civilian ℹ️

👤 Core Distinction

⚖️ Civilian vs. Non-Combatant

🌍 Broader Societal Context

Etymology 🗣️

📜 Linguistic Origins

Legal Status in Conflict ⚖️

📜 Foundational Protections

🛡️ Defining Civilians Under IHL

🚫 Targeting and Accountability

Civilians in Modern Conflicts ⚔️

🌐 Complexities and Challenges

🌍 Visual Context (Descriptive)

Civilian Protection under IHL ⛑️

📜 Principles and Mechanisms

🌍 Regional Commitments

⚠️ Expectations and Realities

Civilians in Domestic Law 🏛️

🌍 National Frameworks

Colloquial and Extended Usage 💬

🗣️ Beyond Warfare

Teacher's Corner 🧑‍🏫

Edit and Print this course in the Wiki2Web Teacher Studio

True or False? 🤔

❓ Test Your Knowledge! ❓

Gamer's Corner 🎮

Are you ready for the Wiki2Web Clarity Challenge?

Explore More Topics

📜 Discover other topics to study!

References

📜 References

Feedback & Support 👍

To report an issue with this page, or to find out ways to support the mission, please click here.

Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

Defining the Civilian

Core Distinction

Civilian vs. Non-Combatant

Broader Societal Context

Etymology

Linguistic Origins

Legal Status in Conflict

Foundational Protections

Defining Civilians Under IHL

Targeting and Accountability

Civilians in Modern Conflicts

Complexities and Challenges

Visual Context (Descriptive)

Civilian Protection under IHL

Principles and Mechanisms

Regional Commitments

Expectations and Realities

Civilians in Domestic Law

National Frameworks

Colloquial and Extended Usage

Beyond Warfare

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice