A civilian is a person who is not on active duty with a military, naval, or police force. Civilians may also be referred to as non-military, non-combatants, or peacemakers. Civilian status is important because it provides protection to civilians in war zones, as well as mitigating the harm caused by military operations.
Civilians across the defense, diplomatic, intelligence, and legislative enterprises bring expertise that complements and guides that provided by professional military advice. As sociologist Max Weber wrote a century ago, politics is a vocation, and civil servants of all types are not mere functionaries or neophytes whose judgment must be subject to a yoke of military peer review. Civilians have careers that prepare them for the rigors of policymaking, which require knowledge of law and public institutions as well as the skills to deal with highly complex and often volatile situations.
The concept of civilian is not an easy one to define. According to international humanitarian law, civilians must not be mistreated or killed during armed conflict (ICTY Statute and Rules of Procedure and Evidence, Article 5). However, it is often difficult to distinguish between combatants and civilians in a given context. The definition of civilian is therefore contested and must be clarified in each individual case.
It is also a contested concept in the context of crimes against humanity, where civilians must be protected from both the actions of armed forces and the effects of operations conducted by those pursuing their own goals of stability or peace. As a result, the term “civilian” has been defined differently in international criminal law. This inconsistency is problematic because it undermines the fundamental concept of civilian that exists both in international humanitarian law and in the context of international criminal law.
The Appeals Chamber believes that a distinction must be made between the two concepts of civilian in order to comply with international law and ensure the protection of civilians during armed conflict. As a general rule, police forces are considered to be civilians for the purposes of international humanitarian law and should not be regarded as combatants. This is especially true when they operate in areas where it is not possible to distinguish between members of the police force and those of armed groups and armed militias (see the Trial Judgment, Fofana and Kondewa case, p. 260). Civilian protection is therefore necessary for the preservation of civilians’ dignity and safety. The protection of civilians should be a core objective for all states – and the ICTY – pursuing peace, stability, and security in the future. This will require a combination of civilian and military efforts, including training, advocacy, and the provision of technical assistance. This work must be pursued irrespective of whether countries have signed the Rome Statute or not. It is only through such a combination that civilians’ rights will be respected and their lives secured. This will help foster the conditions for peace to be established in the future.