A civilian is a person who does not take part in armed conflict and does not belong to an armed force or organised military group. Those who are civilians cannot be attacked unless they take a direct part in hostilities, or are placed hors de combat (combatants that have been separated from the fight). Taking a direct part in hostilities refers to actions that are likely to cause harm to a unit of a hostile armed force, such as bombing, shelling or attacks with missiles, aircraft and helicopters. In some circumstances, it may be difficult to determine whether a person is a civilian. In those cases, the definition should be applied with a degree of leniency.
Civilians who are captured and taken prisoner of war must be treated humanely and without torture and cruel treatment. This means they must be provided with adequate food, clothing and shelter, and they must have access to healthcare and education facilities. They must also be guaranteed a fair trial and have access to legal representation. Civilians must be protected from arbitrary arrest, detention and execution (ICTY Statute, Article 5).
While the term civilian is widely used to describe anyone who does not participate in armed conflict, there is much debate about the exact meaning of that term. Some argue that civilians are defined negatively, while others say that a person is only a civilian when they do not belong to an armed force or organised armed group, or if they have been placed hors de combat.
The ICTY’s definition of civilians is consistent with international law and customary practice. It is not intended to differ from that of other international bodies that have been charged with the task of defining terms in the context of crimes against humanity, including the Prosecutor’s Pre-Trial Brief in the Tadic case in 1996, which also adopts a broad interpretation of the word ‘civilian’.
Transitioning from a military career to civilian life can be challenging. The rigour of a military schedule and the expectations for tone of voice, responses to commands and how one presents themselves are often replaced with more flexible workplaces that can be less structured, and many of the benefits – such as healthcare, education assistance and pension plans – are not always available in civilian jobs. It is not uncommon for a service member to be posted overseas or work abroad, either regularly or in an emergency situation, which can add extra stress and strain to their lives.
In his annual report to the Security Council on protecting civilians in armed conflict, the Secretary-General called for an approach that works towards the “full protection of civilians” (paragraph 61). This goes beyond strengthening compliance with international humanitarian law and recognises that protection requires holistic, integrated, and comprehensive strategies involving both law enforcement and non-legal approaches.
The full protection of civilians should be recognised as a priority for States, parties to conflict, international and UN actors, as well as civil society organisations.