- published: 29 Aug 2013
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A civilian under international humanitarian law (also known as the laws of war) is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation. The term "civilian" is also often used metaphorically to refer to people who are not members of a particular profession or occupation, especially by civilian law enforcement agencies, which often adopt rank structures emulating those of military units.
The word "civilian" goes back to the late 14th Century and is from Old French civilien, "of the civil law". It was used to refer to judges, lawyers, firemen, police, and other civil servants. Civilian is believed to have been used to refer to non-combatants as early as 1829.
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." 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".