The Definition of a Civilian in International Humanitarian Law

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A civilian is someone who is not a member of the armed forces or a police officer. They are usually involved in normal daily activities and do not participate in combat or support military operations. Civilians can also be students, business people, or members of government agencies.

In international humanitarian law, civilians are individuals who do not belong to definite categories such as combatants and members of the armed forces (see this International Committee of the Red Cross database). This concept of civilians is fundamental to the principles of the Geneva Conventions and their Additional Protocols. It is a legal category that must be respected by all parties to an armed conflict, including states, private citizens, and non-governmental organizations (NGOs) engaged in crisis management.

The definition of civilians in the context of international humanitarian law has evolved over time. For example, the 1977 Geneva Conventions added to the list of those considered to be combatants a category that includes “participating directly in hostilities on a permanent basis.” The addition of this new element was intended to address the case of civilians who joined armed national liberation movements and took up arms against their own state. However, ICRC studies have shown that the implementation of this provision in practice has been problematic and is still open to debate.

It is essential for military leaders and policy makers to be fully aware of the impact of their actions on civilians. As a result, they should make it a priority to develop and implement effective policies to minimize the risk of civilian casualties, work closely with local communities, and build partnerships to reduce civilian harm.

Civilians are an important part of the broader effort to build stable and prosperous societies, and should be treated as such. This is the best way to ensure they are not exploited as a tool of war and conflict.

For many transitioning service members, civilian life can be a huge adjustment. There are often different structures and schedules in civilian life that can be a significant shift from the military world of rigid discipline and time-based goals. Civilians may also need to re-establish relationships with friends and family after long periods of separation.

Despite the many challenges, there are opportunities for civilians to engage with armed actors in a constructive and responsible manner. Civilians can provide critical insights into the realities of civilian harm and play a key role in efforts to prevent and respond to civilian harm.

The US Department of Defense recognizes that civilian casualties are a tragic and unavoidable part of war, but the United States is committed to protecting civilians wherever possible. This commitment is reflected in the recent revisions to the Pentagon’s approach to civilian harm mitigation and response. In addition, the US has been working with a variety of partners to improve civilian harm reporting and response across all operations. These efforts, coupled with continued engagement with a diverse range of stakeholders, will help to reduce civilian harm and increase public tolerance for civilian casualties.