A civilian is a person who is not on active duty with the military, police, or fire fighting services. Civilians typically engage in non-military occupations and are not involved in combat or military activities. Civilians live in society and contribute to the community through roles in sectors such as education, healthcare, business, and government.
Although the term civilian has been around for hundreds of years, it has not always meant someone who is not in the armed forces. The term was first coined in the 18th century as a legal synonym for person who does not have military service, and it was not until the early 20th century that the meaning shifted to mean anyone who is not a uniformed member of a country’s armed forces.
While many people who are not part of the armed services are considered civilians, there are some whose status is somewhat hazy, such as members of non-state armed groups who take part in hostilities. Such persons can be subject to military justice rather than civilian courts, and they can also be classified as “bandits” or even POWs if captured by the opposing army.
Despite the lack of clarity, there is generally consensus that civilians must be protected by IHL, and that they must not be targeted for direct attack except in limited circumstances. The ICRC has initiated a process of research and expert reflection on the notion of direct participation in hostilities to clarify three questions: who is a civilian, what conduct amounts to direct participation, and what modalities govern the loss of protection against direct attack.
Civilian focuses on the complex relationship between civilians and soldiers, and what it means to be a civilian in an era where civilians run governments, militaries are increasingly integrated with civilian agencies, and military personnel frequently work side by side with their counterparts in law enforcement and other public institutions. The range of backgrounds required for such jobs varies, but the common element is that they all involve a lifetime spent gaining skills in how societies and public institutions are organized and resourced, how to balance competing interests, and how to deal with power not just in a material sense, but in a social one as well.
As a result, those who are trained in this way often bring valuable insight to their civilian jobs in defense and national security policymaking. They are a critical link between the military and its stakeholders, and they know how to navigate the overlapping, yet sometimes conflicting, priorities of the civilians and the armed services. In an era of declining public trust in the military and military distrust of civilian leaders, these individuals serve a vital role. They help ensure that the responsibilities of the military do not infringe on the rights and liberties of the people they are serving. They also help make sure that the military can fulfill its essential mission, regardless of the political climate in which it operates.