Editing Civilian (section)

==Legal usage in war==
The [[International Committee of the Red Cross]] 1958 Commentary on [[GCIV|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 Geneva Convention|Third Convention]], a civilian covered by the Fourth Convention, or again, a member of the [[combat medic|medical personnel]] of the armed forces who is covered by the [[First Geneva Convention|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."<ref>[[Jean Pictet]] (ed.) – [http://www.icrc.org/ihl.nsf/COM/380-600007?OpenDocument ''Commentary on Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War'' (1958)] {{webarchive|url=https://web.archive.org/web/20070712154409/http://www.icrc.org/ihl.nsf/COM/380-600007?OpenDocument |date=2007-07-12 }}, p. 51. 1994 reprint edition.</ref> The ICRC has expressed the opinion that "If civilians directly engage in hostilities, they are considered [[Unlawful combatant|"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."<ref>[http://www.icrc.org/web/eng/siteeng0.nsf/html/terrorism-ihl-210705 The relevance of IHL in the context of terrorism] {{webarchive|url=https://web.archive.org/web/20061129070740/http://www.icrc.org/web/eng/siteeng0.nsf/html/terrorism-ihl-210705 |date=2006-11-29 }} official statement by the ICRC 21 July 2005</ref><ref>{{cite web |title=Armed Forces Act 2006, Section 357 |url=https://www.legislation.gov.uk/ukpga/2006/52/section/367 |website=legislation.gov.uk |publisher=HM Government |access-date=4 October 2021 |date=1 October 2010}}</ref><ref>{{cite web |title=UCMJ, 64 Stat. 109, 10 U.S.C. § 802 |url=https://www.law.cornell.edu/uscode/text/10/802 |website=Legal Information Institute |publisher=Cornell Law School |access-date=4 October 2021}}</ref><ref name="cihl">{{Cite web|title=Customary IHL - Rule 5. Definition of Civilians|url=https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule5|access-date=2020-07-04|website=ihl-databases.icrc.org}}</ref><ref name="FEWA">{{cite web|url=https://ihl-databases.icrc.org/ihl/WebART/470-750064?OpenDocument|title=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|publisher=[[International Committee of the Red Cross]]}}</ref>

Article 50 of the [[Protocol I|1977 Protocol I Additional to the Geneva Conventions]] provides:<ref name="FEWA" />
* 1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A(1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
* 2. The civilian population comprises all persons who are civilians.
* 3. The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character.

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 anyone who is not a member of the armed forces and does not take part of hostilities in time of war 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 [[Rome Statute of the International Criminal Court|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]].