A civilian is a person not in the military, and can also refer to someone who isn’t involved in law enforcement. The word itself has a variety of meanings depending on the context in which it is used, but it is most commonly defined as “not military” or “not engaged in law enforcement.” However, there are some exceptions to this rule, as people who serve in the National Guard without their orders might be called civilians by the military, and the term is sometimes used to refer to law enforcement officials who are not on duty.
During times of war, civilians are generally protected by international humanitarian law. This protection includes the right to freedom of movement and residence. It also guarantees that the civilian population will be treated fairly and does not act as a shield for combatants or other law-breaking persons. The definition of civilians varies according to the type of conflict, but all civilians are individuals who do not belong to regular armed forces. However, in some circumstances it may be difficult to determine whether or not an individual is a civilian, especially in situations of internal armed conflict, and in cases where the distinction between civilians and fighters becomes blurred.
In the Tadic case, the Prosecutor argued that common Article 3 of the 1949 Geneva Conventions defines all non-combatants and civilians (ICTY, Tadic Case, Pre-Trial Brief, 10 April 1996). The Defence agreed that this definition was authoritative, and that the concept of non-combatant was not always easy to delineate, especially in situations of internal armed conflict where it was difficult to distinguish between members of the armed forces and other irregular armed groups.
Civilians are so diverse in their backgrounds, views, and responsibilities, and so numerous in comparison to the small number of those who serve in the military, that it is difficult to lump them together for analytical purposes. The only thing that most civilians have in common is their lack of service in the military.
There are a lot of things that can cause a person to stop being a civilian and become an enemy combatant. One of these is picking up a weapon and taking aggressive or offensive action. Another is being captured by an armed force. A civilian could be regarded as an enemy combatant even if they are only seen carrying a weapon, and it is therefore important to keep an eye on anyone who appears to be infiltrating a civilian area. The same goes for those who might be posing as civilians, such as when they wear a uniform or carry a flag. These individuals are probably acting as a disguise and must be viewed as combatants. This is why it is important to maintain an open mind and to assess each situation individually. This will allow us to provide the best possible service to our communities and protect civilians from harm. The ICRC calls this the “principle of distinction”.