Definitions

Civilians are non-combatants. Article 50(1) of Additional Protocol I of 1977 defines civilians as persons who do not belong to one of the categories of persons referred to in Article 4(A)(1), (2), (3) and (6) of Geneva Convention (III) as well as in Article 43 of the Protocol. These texts are quoted in full above (Chapter 2, III–IV). The cited Paragraphs of Article 4(A) of Geneva Convention (III) refer to members of regular armed forces (even when professing allegiance to unrecognized Governments), members of resistance movements and ‘levée en masse’. Article 43 of the Protocol defines armed forces. In all, clearly, the hallmark of civilians is that they are neither members of the armed forces nor do they actively participate in hostilities (cf. supra, Chapter 2, I).

Civilians can be employed by the armed forces (either full-time or as contractors), and they can accompany the armed forces for other reasons. As long as they are not members of the armed forces – and do not actively participate in hostilities – their line of work does not detract from their civilian standing, although they do run a perceptible risk of being caught in the crossfire (for instance, should the enemy attack a military base in which they are employed; see infra, V, (i)). They are particularly vulnerable to attack if they put on military uniforms while in service (no trifling matter, since wearing the uniform creates the misleading impression of a combatant status).