Civilian

Lore & Background

The word 'civilian' dates to the late 14th century, from Old French civilien, and was used to refer to non-combatants as early as 1829. Specific mention of civilians as a protected class in international humanitarian law did not occur until after World War II. The International Committee of the Red Cross Commentary on Geneva Convention IV of 1949 stated that every person in enemy hands must have some status under international law: either a prisoner of war, a civilian, or a member of medical personnel. There is no intermediate status.

Reader's Guide

The legal category of the civilian remains problematic in modern warfare due to phenomena such as civil wars, guerrilla warfare, terrorism, and effects-based war doctrines. The term becomes ambiguous in societies with widespread conscription or militarization. Despite these challenges, the civilian has lost none of its political, legal, and moral salience in public discourse, media, and at the United Nations. Civilians sometimes take active roles in conflicts, such as in nonviolent civil resistance campaigns, without necessarily losing their non-combatant status. However, civilians who directly engage in hostilities are considered unlawful combatants and lose their protection from attack.

Did You Know?

• Civilians are defined in the negative in relation to combatants; no definition appears in the Hague Regulations or the 1949 Geneva Conventions.
• Under Article 50 of Protocol I, in case of doubt whether a person is a civilian, that person shall be considered a civilian.
• The claim that 90 percent of modern war victims are non-combatants is not supported by detailed examination of evidence.
• Whether officials involved in harming civilians qualify as civilians depends on their specific role and whether they are directly participating in hostilities, as determined by international humanitarian law.