Civilian

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In general use, a civilian is "a person who is not a member of the police, the armed forces, or a fire department." [1] [2] [3] This use distinguishes from persons whose duties involve risking their lives to protect the public at large from hazardous situations such as terrorism, riots, conflagrations, and wars. [4]

Contents

Under international humanitarian law, civilians are "persons who are not members of the armed forces" and are not "combatants if they [don't] carry arms openly and respect the laws and customs of war". [5] [6] It is slightly different from a non-combatant, as some non-combatants are not civilians (for example, military chaplains attached to the belligerent party or military personnel serving with a neutral country). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one (a civil war) or an international one.

Etymology

The word "civilian" goes back to the late 14th century and is from Old French civilien, "of the civil law". Civilian is believed to have been used to refer to non-combatants as early as 1829. The term "non-combatant" now refers to people in general who are not taking part of hostilities, rather than just civilians. [7]

The International Committee of the Red Cross 1958 Commentary on 1949 Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War states: "Every person in enemy hands must have some status under international law: he is either a prisoner of war and, as such, covered by the Third Convention, a civilian covered by the Fourth Convention, or again, a member of the medical personnel of the armed forces who is covered by the First Convention. There is no intermediate status; nobody in enemy hands can be outside the law. We feel that this is a satisfactory solution – not only satisfying to the mind, but also, and above all, satisfactory from the humanitarian point of view." [8] The ICRC has expressed the opinion that "If civilians directly engage in hostilities, they are considered 'unlawful' or 'unprivileged' combatants or belligerents (the treaties of humanitarian law do not expressly contain these terms). They may be prosecuted under the domestic law of the detaining state for such action." [9]

Article 50 of the 1977 Protocol I Additional to the Geneva Conventions provides: [6]

The definition is negative and defines civilians as persons who do not belong to definite categories. The categories of persons mentioned in Article 4A(1), (2), (3) and (6) of the Third Convention and in Article 43 of the Protocol I are combatants. Therefore, the Commentary to the Protocol pointed that, any one who is not a member of the armed forces and does not take of hostilities is a civilian. Civilians cannot take part in armed conflict. Civilians are given protection under the Geneva Conventions and Protocols thereto. Article 51 describes the protection that must be given to the civilian population and individual civilians.

Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) of the 1998 Rome Statute of the International Criminal Court also includes this in its list of war crimes: "Intentionally directing attacks against the civilian population as such or against individual civilians not taking part in hostilities". Not all states have ratified 1977 Protocol I or the 1998 Rome Statute, but it is an accepted principle of international humanitarian law that the direct targeting of civilians is a breach of the customary laws of war and is binding on all belligerents.

Civilians in modern conflicts

The actual position of the civilian in modern war remains problematic. [10] It is complicated by a number of phenomena, including:

Starting in the 1980s, it was often claimed that 90 percent of the victims of modern wars were civilians. [12] [13] [14] [15] These claims, though widely believed, are not supported by detailed examination of the evidence, particularly that relating to wars (such as those in former Yugoslavia and in Afghanistan) that are central to the claims. [16]

Wounded civilians arrive at a hospital in Aleppo during the Syrian civil war, October 2012 Wounded civilians arrive at hospital Aleppo.jpg
Wounded civilians arrive at a hospital in Aleppo during the Syrian civil war, October 2012

In the opening years of the twenty-first century, despite the many problems associated with it, the legal category of the civilian has been the subject of considerable attention in public discourse, in the media and at the United Nations, and in justification of certain uses of armed force to protect endangered populations. It has "lost none of its political, legal and moral salience." [17]

Although it is often assumed that civilians are essentially passive onlookers of war, sometimes they have active roles in conflicts. These may be quasi-military, as when in November 1975 the Moroccan government organized the "green march" of civilians to cross the border into the former Spanish colony of Western Sahara to claim the territory for Morocco - all at the same time as Moroccan forces entered the territory clandestinely. [18] In addition, and without necessarily calling into question their status as non-combatants, civilians sometimes take part in campaigns of nonviolent civil resistance as a means of opposing dictatorial rule or foreign occupation: sometimes such campaigns happen at the same time as armed conflicts or guerrilla insurrections, but they are usually distinct from them as regards both their organization and participation. [19]

Officials directly involved in the maiming of civilians are conducting offensive military operations and do not qualify as civilians.

Civilian protection under International Humanitarian Law (IHL)

The International Humanitarian Law codifies treaties and conventions, signed and enforced by participating states, which serve to protect civilians during intra and interstate conflict. Even for non-treaty participants, it is customary for international law to still apply. [20] Additionally, the IHL adheres to the principles of distinction, proportionality, and necessity; which apply to the protection of civilians in armed conflict. [20] Although, despite the UN deploying military forces to protect civilians, it lacks formal policies or military manuals addressing exactly these efforts. [21] The UN Security Council Report No 4: Protection of Civilians in Armed Conflict provides further evidence of the need for protection of civilians. Recognizing that large-scale civilian insecurity threatens international peace and stability, the UN aims to establish the means of protecting civilians and thereby work to ensure regional stability. [22] Through the UN Security Council Report No 4, first published in 2008, the UN offers ways to support civilian protections in both intra and interstate conflict with a goal of encouraging regional states to police their own conflicts (such as the African Union policing African conflicts). [22] Similarly, the UN Secretary-General Kofi Annan reminded UN Member states that they have common interests in protecting African civilians through a shared “commitments to human security, and its rationale of indivisibility of peace and security.” [23]

Through a series of resolutions (1265, 1296, 1502, 1674, & 1738) and presidential statements the UN Security Council “addresses:

The Security Council is now involved in the protection of civilians in five main areas of action.

In response to Presidential statements and previous subcommittee work, the UN Security Council held a meeting in January 2009, specifically to address the protection of civilians within the context of the IHL. [24] While no specific outcome followed this meeting, it did lead to the production of a 10-year assessment of Council actions since the passing of resolution 1265 in 1999. [24]

In addition to the UN treaties, regional treaties have also been established, such as the African Union Constitutive Act Article 4(h) which also outlines the protection of civilians and “affords the Union a right to forcibly intervene in one of its member states in ‘grave circumstances’, namely war crimes, genocide and crimes against humanity.” [25] This is proposed to indicate the African Union will no longer stand by to watch atrocities happen within the Union. As described by Said Djinnit (AU’s Commissioner for Peace and Security) in 2004, “Africans cannot [...] watch the tragedies developing in the continent and say it is the UN’s responsibility or somebody else’s responsibility. We have moved from the concept of non-interference to non-indifference. We cannot, as Africans, remain indifferent to the tragedy of our people” [26] (IRIN News 2004). Although Article 4(h), while drafted, has not been activated, which raises the question of the AU's willingness to intervene in situations of “grave circumstance.” [27]

Regardless of the lead organization (UN, AU, other) “there is clearly a risk involved for international organizations that in assuming a complicated security role such as civilian protection, they may raise expectations among local populations that cannot be met, usually not even by large-scale peace operations with a comprehensive political component, supported by high force levels, overall professionalism, and the political stamina to stay present long-term. The disappointing outcomes, in Africa and elsewhere, have led some to criticize the way in which the decentralization policies have been implemented (MacFarlane and Weiss 1992; Berman 1998; Boulden 2003).” [28]

See also

Related Research Articles

War crime Individual act constituting a serious violation of laws of war

A war crime is an act that constitutes a serious violation of the laws of war that gives rise to individual criminal responsibility. Examples of crimes include intentionally killing civilians or prisoners, torturing, destroying civilian property, taking hostages, performing a perfidy, raping, using child soldiers, pillaging, declaring that no quarter will be given, and seriously violating the principles of distinction, proportionality, and military necessity.

Fourth Geneva Convention One of the treaties of the Geneva Convention

The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August of 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.

Civilian casualties

Civilian casualties occur in a general sense, when civilians are killed or injured by non-civilians, mostly law enforcement officers, military personnel, or criminals such as terrorists and bank robbers. Under the law of war, it is referred to civilians who perished or suffered wounds as a result of wartime acts. In both cases, they can be associated with the outcome of any form of action regardless of whether civilians were targeted directly or not.

Unlawful combatant Person who engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is, according to United States law, a person who directly engages in armed conflict in violation of the laws of war and therefore not protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements.

Law of war International regulations of warfare

The law of war is the component of international law that regulates the conditions for war and the conduct of warring parties. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.

Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It states that "Members of the armed forces of a Party to a conflict are combatants, that is to say, they have the right to participate directly in hostilities." Consequently, on the other hand combatants, as a rule, are legal targets themselves for the opposite side regardless the specific circumstances at hand, in other words, they can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.

Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants.

Protocol I

Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War.

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United Nations Security Council Resolution 1674

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United Nations Security Council Resolution 1738

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The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.

Protected persons Legal term in international humanitarian law

Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of the 1949 Geneva Conventions, their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict.

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References

  1. "CIVILIAN". Cambridge Dictionary.
  2. "Civilian". Merriam-Webster. Archived from the original on 2018-01-20.
  3. "Definition of civilian | Dictionary.com". www.dictionary.com. Retrieved 2020-07-05.
  4. Adam Plantinga (October 1, 2014). 400 Things Cops Know: Street-Smart Lessons from a Veteran Patrolman. Quill Driver Books. pp. 104–112. ISBN   978-1-6103-5217-8.
  5. "Customary IHL - Rule 5. Definition of Civilians". ihl-databases.icrc.org. Retrieved 2020-07-04.
  6. 1 2 "Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. DEFINITION OF CIVILIANS AND CIVILIAN POPULATION". International Committee of the Red Cross.
  7. "the definition of civilian". Dictionary.com. Archived from the original on 3 December 2013. Retrieved 2 May 2018.
  8. Jean Pictet (ed.) – Commentary on Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War (1958) Archived 2007-07-12 at the Wayback Machine , p. 51. 1994 reprint edition.
  9. The relevance of IHL in the context of terrorism Archived 2006-11-29 at the Wayback Machine official statement by the ICRC 21 July 2005
  10. Hugo Slim, Killing Civilians: Method, Madness and Morality in War, Hurst, London, 2008.
  11. Slim, Hugo (2003). "Why Protect Civilians? Innocence, Immunity, and Enmity in War". International Affairs (Royal Institute of International Affairs 1944-). 79 (3): 481–501.
  12. Kahnert, M., D. Pitt, et al., Eds. (1983). Children and War: Proceedings of Symposium at Siuntio Baths, Finland, 1983. Geneva and Helsinki, Geneva International Peace Research Institute, IPB and Peace Union of Finland, p. 5, which states: "Of the human victims in the First World War only 5% were civilians, in the Second World War already 50%, in Vietnam War between 50 - 90% and according to some information in Lebanon 97%. It has been appraised that in a conventional war in Europe up to 99% of the victims would be civilians."
  13. Graça Machel, "The Impact of Armed Conflict on Children, Report of the expert of the Secretary-General, 26 Aug 1996, p. 9. Archived 2009-07-23 at the Wayback Machine
  14. Mary Kaldor, New and Old Wars: Organized Violence in a Global Era, Polity Press, Cambridge, 1999, p. 107.
  15. Howard Zinn, Moises Samam, Gino Strada. Just war, Charta, 2005, p. 38.
  16. Adam Roberts, "Lives and Statistics: Are 90% of War Victims Civilians?", Survival, London, vol. 52, no. 3, June–July 2010, pp. 115–35. Archived 2017-02-05 at the Wayback Machine Print edition ISSN 0039-6338. Online ISSN 1468-2699.
  17. Adam Roberts, "The Civilian in Modern War", Yearbook of International Humanitarian Law, vol. 12, T.M.C. Asser Press, The Hague, 2010, pp. 13–51. ISBN   978-90-6704-335-9; ISSN 1389-1359. One part of this article, relating to casualties, also appeared in Survival, June–July 2010, as footnoted above.
  18. Ian Brownlie, African Boundaries: A Legal and Diplomatic Encyclopaedia, C. Hurst, London, for Royal Institute of International Affairs, pp. 149-59 gives a useful account of the background and origin of the dispute over Western Sahara.
  19. See for example the chapters on the anti-Marcos movement in the Philippines (by Amado Mendoza) and on resistance against apartheid in South Africa (by Tom Lodge) in Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present, Oxford University Press, 2009 , pp. 179-96 and 213-30.
  20. 1 2 "IHL Primer #1 - What is IHL?" (PDF). International Humanitarian Law Research Initiative. July 2009. Archived (PDF) from the original on 2017-12-11. Retrieved November 11, 2017.
  21. Holt, Victoria K.; Berkman, Tobias C. (2006). The Impossible Mandate? Military Preparedness, the Responsibility to Protect and Modern Peace Operations. The Henry L. Stimson Center. p. 9. ISBN   9780977002306.
  22. 1 2 Bergholm, Linnea (May 2010). "The African Union, the United Nations and Civilian Protection Challenges in Darfur" (PDF). Refugee Studies Centre Working Paper Series. Paper No. 63: 14. Archived (PDF) from the original on 2018-05-02.
  23. Bergholm, Linnea (May 2010). "The African Union, the United Nations and Civilian Protection Challenges in Darfur" (PDF). Refugee Studies Centre Working Paper Series. Paper No. 63: 17. Archived (PDF) from the original on 2018-05-02.
  24. 1 2 3 "UN Security Council Report No 4: Protection of Civilians in Armed Conflict" . Retrieved November 12, 2017.
  25. Bergholm, Linnea (May 2010). "The African Union, the United Nations and Civilian Protection Challenges in Darfur" (PDF). Refugee Studies Centre Working Paper Series. Paper No. 63: 8. Archived (PDF) from the original on 2018-05-02.
  26. "African Union stresses importance of conflict resolution and peacekeeping". IRNI News. 28 June 2004. Archived from the original on 2017-12-10. Retrieved November 12, 2017.
  27. Bergholm, Linnea (May 2010). "The African Union, the United Nations and Civilian Protection Challenges in Darfur" (PDF). Refugee Studies Centre Working Paper Series. Paper No. 63: 9. Archived (PDF) from the original on 2018-05-02.
  28. Bergholm, Linnea (May 2010). "The African Union, the United Nations and Civilian Protection Challenges in Darfur" (PDF). Refugee Studies Centre Working Paper Series. Paper No. 63: 11. Archived (PDF) from the original on 2018-05-02.

Further reading