Information about Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces. The term is also often used colloquially to refer to people who are not members of a particular profession or occupation, especially by law enforcement agencies, which often use rank structures similar to those of military units.
The ICRC 1958 Commentary on IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War Article 4.4 states that "[e]very 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."[1] 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".[2]
Article 50 in Chapter II: "Civilians and Civilian Population" of Protocol I Additional to the Geneva Conventions defines that a civilian is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) Rome Statute of the International Criminal Court also prohibits attacks directed against civilians. Not all states have ratified Protocol I or the 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.
Under international maritime law and aviation law a distinction is made between passengers and crew that is similar to that of combatants and civilians under the laws of war. Under their own municipal law governments may extend the definition of who is a civilian to exclude those who work for the emergency services, because members of the emergency services may from time to time need additional legal powers over and above those usually available to ordinary citizens.
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns.
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The ICRC 1958 Commentary on IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War Article 4.4 states that "[e]very 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."[1] 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".[2]
Article 50 in Chapter II: "Civilians and Civilian Population" of Protocol I Additional to the Geneva Conventions defines that a civilian is not a privileged combatant. Article 51 describes the protection that must be given to civilians (unless they are unprivileged combatants) and civilian populations. Chapter III of Protocol I regulates the targeting of civilian objects. Article 8(2)(b)(i) Rome Statute of the International Criminal Court also prohibits attacks directed against civilians. Not all states have ratified Protocol I or the 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.
Under international maritime law and aviation law a distinction is made between passengers and crew that is similar to that of combatants and civilians under the laws of war. Under their own municipal law governments may extend the definition of who is a civilian to exclude those who work for the emergency services, because members of the emergency services may from time to time need additional legal powers over and above those usually available to ordinary citizens.
See also
References
1. ^ Jean Pictet (ed.) – Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1958) – 1994 reprint edition.
2. ^ The relevance of IHL in the context of terrorism official statement by the ICRC 21 July 2005
2. ^ The relevance of IHL in the context of terrorism official statement by the ICRC 21 July 2005
Further reading
- US DoD definition of the term Civilian, refers to civilian law enforcement agencies
- Geneva Conventions for the protection of war victims
- 'The Civilians'
International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law,
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In political geography and international politics, a country is a political division of a geographical entity, a sovereign territory, most commonly associated with the notions of state or nation and government.
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Armed Forces
(1979) Get Happy
(1980)
Alternate cover
US 1979 and 2002 reissue cover, also known as "paint spatter cover"
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(1979) Get Happy
(1980)
Alternate cover
US 1979 and 2002 reissue cover, also known as "paint spatter cover"
- For the military meaning, see Armed forces.
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A colloquialism is an expression not used in formal speech, writing or paralinguism. Colloquialisms can include words (such as "y'all", "gonna", "deadly" or "grouty"), phrases (such as "ain't nothin'" and " dead as a doornail "), or sometimes even an entire aphorism (" There's more
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Police are agents or agencies empowered to enforce the law and to effect public and social order through the legitimate use of force. The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a
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Protocol 1)
Adopted on June 8, 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts
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Introduction
Protocol I is an amendment to the Geneva Conventions.Adopted on June 8, 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts
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A privileged combatant is a person who takes a direct part in the hostilities of an armed conflict within the law of war and is someone who upon capture qualifies as a prisoner of war under the Third Geneva Convention (GCIII).
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Civilians who directly engage in hostilities, are considered unlawful combatants or unprivileged combatants/belligerents (the treaties of humanitarian law do not expressly contain these terms).
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The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have
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Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans.
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worldwide view of the subject.
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Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns.
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The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called
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Municipal law is an international law term used to denote the national, domestic, or internal law of a sovereign state.[1] Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels.
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Emergency services are organisations that that ensure public safety by addressing different emergencies. Some agencies exist solely for addressing certain types of emergencies whilst others deal with ad hoc emergencies as part of their normal responsibilities.
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The two parts of the laws of war (or Law of Armed Conflict (LOAC)): Law concerning acceptable practices while engaged in war, like the Geneva Conventions, is called jus in bello; while law concerning allowable justifications for armed force is called
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The Law of Land Warfare is that part of the Laws of War applicable to the conduct of warfare on land (territory) and to relationships between belligerents and neutral states.
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Civilians who directly engage in hostilities, are considered unlawful combatants or unprivileged combatants/belligerents (the treaties of humanitarian law do not expressly contain these terms).
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July 21 is the 1st day of the year (2nd in leap years) in the Gregorian calendar. There are 0 days remaining.
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