Editing Civilian

{{Short description|Person who is not a member of the military}}
{{Other uses}}
A '''civilian''' is a person who is not a member of an [[armed force]].<ref>{{cite encyclopedia|title= civilian|encyclopedia=Oxford English Dictionary|date=2021|publisher=Oxford University Press|url=https://www.oed.com/view/Entry/33577|access-date=2021-10-04|quote=A person who is not professionally employed in the armed forces; a non-military person.}}</ref> It is [[war crime|illegal]] under the [[law of armed conflict]] to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civilian engages in hostilities, they are an [[unlawful combatant]] and temporarily lose their protection from attack.

It is slightly different from a [[non-combatant]], because some non-combatants are not civilians (for example, people who are not in a military but support [[war effort]] or military operations, [[military chaplain]]s, or [[military personnel]] who are serving with a [[neutral country]]). Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the [[customary international law|customary laws of war]] and [[Treaty|international treaties]] such as the [[Fourth Geneva Convention]]. The privileges that they enjoy under [[international law]] depends on whether the conflict is an internal one (a [[civil war]]) or an international one.

In some nations, uniformed members (or [[First responder|emergency response force]]) of [[civilian police|law enforcement]], [[fire department|the fire service]], or other emergency services colloquially refer to members of the public as civilians.<ref>{{cite dictionary|url=https://dictionary.cambridge.org/us/dictionary/english/civilian|title=CIVILIAN|dictionary=Cambridge Dictionary}}</ref>

==Etymology==
The word "civilian" goes back to the late 14th century and is from [[Old French]] {{Lang|fro|civilien}}. Civilian is believed to have been used to refer to [[non-combatant]]s as early as 1829. The term "non-combatant" now refers to people in general who are not taking part of hostilities in time of [[war]], rather than just civilians.<ref>{{cite web|url=http://dictionary.reference.com/etymology/civilian|title=the definition of civilian|website=Dictionary.com|access-date=2 May 2018|url-status=live|archive-url=https://web.archive.org/web/20131203010848/http://dictionary.reference.com/etymology/civilian|archive-date=3 December 2013}}</ref>

==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]].

==Civilians in modern conflicts==
{{See also|Civilian casualties|Civilian casualty ratio}}
The actual position of the civilian in modern war remains problematic.<ref>[[Hugo Slim]], ''Killing Civilians: Method, Madness and Morality in War'', Hurst, London, 2008.</ref> It is complicated by a number of phenomena, including:
* the fact that many modern wars are essentially [[civil war]]s, in which the application of the laws of war is often difficult, and in which the distinction between combatants and civilians is particularly hard to maintain;
* [[guerrilla warfare]] and [[terrorism]], both of which tend to involve combatants assuming the appearance of civilians;
* the growth of doctrines of "effects-based war", under which there is less focus on attacking enemy combatants than on undermining the enemy regime's sources of power, which may include apparently civilian objects such as electrical power stations; 
* the use of "[[lawfare]]", a term that refers to attempts to discredit the enemy by making its forces appear to be in violation of the laws of war, for example by attacking civilians who had been deliberately used as [[human shield]]s; 
* the term becomes ambiguous in societies that use widespread [[conscription]], or otherwise "militarized societies," in which most adults have military training. This has been discussed with reference to the [[Israeli–Palestinian conflict]].<ref>{{cite journal |last1=Slim |first1=Hugo |title=Why Protect Civilians? Innocence, Immunity, and Enmity in War |journal=International Affairs |date=2003 |volume=79 |issue=3 |pages=481–501|doi=10.1111/1468-2346.00318 }}</ref>

Starting in the 1980s, it was often claimed that 90 percent of the victims of modern wars were civilians.<ref>Kahnert, M., D. Pitt, et al., Eds. (1983). ''Children and War: Proceedings of Symposium at Siuntio Baths, Finland, 1983.'' Geneva and Helsinki, Geneva International Peace Research Institute, IPB and Peace Union of Finland, p. 5, which states: "Of the human victims in the First World War only 5% were civilians, in the Second World War already 50%, in Vietnam War between 50 - 90% and according to some information in Lebanon 97%. It has been appraised that in a conventional war in Europe up to 99% of the victims would be civilians."</ref><ref>[[Graça Machel]], [http://www.unicef.org/graca/a51-306_en.pdf ''Impact of Armed Conflict on Children'',  Report of the expert of the Secretary-General, 26 Aug 1996, p. 9.] {{webarchive|url=https://web.archive.org/web/20090723152322/http://www.unicef.org/graca/a51-306_en.pdf |date=2009-07-23 }}</ref><ref>[[Mary Kaldor]], [https://books.google.com/books?id=XVgVstFi0XUC&q=90+per+cent ''New and Old Wars: Organized Violence in a Global Era'', Polity Press, Cambridge, 1999, p. 107.]</ref><ref>[[Howard Zinn]], Moises Samam, Gino Strada. ''Just war'', Charta, 2005, p. 38.</ref> These claims, though widely believed, are not supported by detailed examination of the evidence, particularly that relating to wars (such as those in [[Yugoslav Wars|former Yugoslavia]] and in [[War in Afghanistan (2001–present)|Afghanistan]]) that are central to the claims.<ref>[[Adam Roberts (scholar)|Adam Roberts]], [http://www.tandfonline.com/doi/pdf/10.1080/00396338.2010.494880 "Lives and Statistics: Are 90% of War Victims Civilians?", ''Survival'', London, vol. 52, no. 3, June–July 2010, pp. 115–35.] {{webarchive|url=https://web.archive.org/web/20170205010559/http://www.tandfonline.com/doi/pdf/10.1080/00396338.2010.494880 |date=2017-02-05 }} Print edition ISSN 0039-6338. Online ISSN 1468-2699.</ref>

[[File:Wounded civilians arrive at hospital Aleppo.jpg|thumb|Wounded civilians arrive at a hospital in [[Aleppo]] during the [[Syrian civil war]], October 2012]]
In the opening years of the 21st century, despite the many problems associated with it, the legal category of the civilian has been the subject of considerable attention in public discourse, in the media and at the United Nations, and in justification of certain uses of armed force to protect endangered populations. It has "lost none of its political, legal and moral salience."<ref>[[Adam Roberts (scholar)|Adam Roberts]], "The Civilian in Modern War", ''Yearbook of International Humanitarian Law'', vol. 12, T.M.C. Asser Press, The Hague, 2010, pp. 13–51. {{ISBN|978-90-6704-335-9}}; ISSN 1389-1359. One part of this article, relating to casualties, also appeared in ''Survival'', June–July 2010, as footnoted above.</ref>

Although it is often assumed that civilians are essentially passive onlookers of war, sometimes they have active roles in conflicts. These may be quasi-military, as when in November 1975 the Moroccan government organized the "[[green march]]" of civilians to cross the border into the former Spanish colony of [[Western Sahara]] to claim the territory for Morocco - all at the same time as Moroccan forces entered the territory clandestinely.<ref>Ian Brownlie, ''African Boundaries: A Legal and Diplomatic Encyclopaedia'', C. Hurst, London, for Royal Institute of International Affairs, pp. 149-59 gives a useful account of the background and origin of the dispute over Western Sahara.</ref> In addition, and without necessarily calling into question their status as non-combatants, civilians sometimes take part in campaigns of [[civil resistance|nonviolent civil resistance]] as a means of opposing dictatorial rule or foreign occupation: sometimes such campaigns happen at the same time as armed conflicts or guerrilla insurrections, but they are usually distinct from them as regards both their organization and participation.<ref>See for example the chapters on the anti-Marcos movement in the Philippines (by Amado Mendoza) and on resistance against apartheid in South Africa (by Tom Lodge) in [[Adam Roberts (scholar)|Adam Roberts]] and [[Timothy Garton Ash]] (eds.), ''Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present'', Oxford University Press, 2009 [https://books.google.com/books?id=BxOQKrCe7UUC&q=Civil+resistance+and+power+politics], pp. 179-96 and 213-30.</ref>

Officials directly involved in the maiming of civilians are conducting offensive combat operations and do not qualify as civilians.

== Civilian protection under international humanitarian law (IHL) ==
[[International humanitarian law]] (IHL) codifies treaties and conventions, signed and enforced by participating states, which serve to protect civilians during intra and interstate conflict. Even for non-treaty participants, it is customary for international law to still apply.<ref name=":0">{{Cite web|url=http://reliefweb.int/sites/reliefweb.int/files/resources/8F686F64C1565B094925762E0019587D-Full_Report.pdf|title=IHL Primer #1 - What is IHL?|date=July 2009|publisher=International Humanitarian Law Research Initiative|archive-url=https://web.archive.org/web/20171211160940/https://reliefweb.int/sites/reliefweb.int/files/resources/8F686F64C1565B094925762E0019587D-Full_Report.pdf|archive-date=2017-12-11|url-status=live|access-date=November 11, 2017}}</ref> Additionally, IHL adheres to the principles of [[Distinction (law)|distinction]], [[Proportionality (law)|proportionality]], and [[Necessity (criminal law)|necessity]]; which apply to the protection of civilians in armed conflict.<ref name=":0" /> Although, despite the UN deploying military forces to protect civilians, it lacks formal policies or military manuals addressing exactly these efforts.<ref>{{Cite book|title=The Impossible Mandate? Military Preparedness, the Responsibility to Protect and Modern Peace Operations|last1=Holt|first1=Victoria K.|last2=Berkman|first2=Tobias C.|publisher=The Henry L. Stimson Center|year=2006|isbn=9780977002306|pages=9}}</ref> The UN Security Council Report No 4: Protection of Civilians in Armed Conflict provides further evidence of the need for protection of civilians. Recognizing that large-scale civilian insecurity threatens international peace and stability, the UN aims to establish the means of protecting civilians and thereby work to ensure regional stability.<ref name=":1">{{Cite journal|last=Bergholm|first=Linnea|date=May 2010|title=The African Union, the United Nations and Civilian Protection Challenges in Darfur|url=https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|journal=Refugee Studies Centre Working Paper Series|volume=Paper No. 63|pages=14|url-status=live|archive-url=https://web.archive.org/web/20180502164228/https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|archive-date=2018-05-02}}</ref> Through the UN Security Council Report No 4, first published in 2008, the UN offers ways to support civilian protections in both intra and interstate conflict with a goal of encouraging regional states to police their own conflicts (such as the African Union policing African conflicts).<ref name=":1" /> Similarly, the UN Secretary-General [[Kofi Annan]] reminded UN Member states that they have common interests in protecting African civilians through a shared "commitments to human security, and its rationale of indivisibility of peace and security."<ref>{{Cite journal|last=Bergholm|first=Linnea|date=May 2010|title=The African Union, the United Nations and Civilian Protection Challenges in Darfur|url=https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|journal=Refugee Studies Centre Working Paper Series|volume=Paper No. 63|pages=17|url-status=live|archive-url=https://web.archive.org/web/20180502164228/https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|archive-date=2018-05-02}}</ref>

Through a series of resolutions (1265, 1296, [[United Nations Security Council Resolution 1502|1502]], [[United Nations Security Council Resolution 1674|1674]], & 1738) and presidential statements the [[United Nations Security Council|UN Security Council]] "addresses: 
* compliance with international humanitarian law and relevant human rights law, accountability for violations and humanitarian access;
* the role of UN peacekeeping operations or other UN-mandated missions;
* protection of specific groups;
* the impact of small arms; and
* regional cooperation.
The Security Council is now involved in the protection of civilians in five main areas of action.
* It reinforces general norms—in particular the rules of international humanitarian law.
* It uses its Chapter VII powers to mandate either UN peacekeeping missions or regional organizations or groups of member states to take measures including the use of force to protect civilians.
* It can develop middle ground using its Chapter V, VI and VIII powers to influence parties to conflict in country-specific situations to observe protection norms.
* It uses its Chapter VI powers to try to prevent or limit the outbreak of armed conflict through mediation and other initiatives.
* Finally, the Council can hold parties accountable for violations of international humanitarian law by imposing targeted measures, establishing commissions of inquiry, authorizing ad hoc tribunals or referring situations to the [[International Criminal Court]] (ICC)."<ref name=":2" />
In response to presidential statements and previous subcommittee work, the UN Security Council held a meeting in January 2009, specifically to address the protection of civilians within the context of the IHL.<ref name=":2">{{Cite web|url=http://www.securitycouncilreport.org/research-reports/lookup-c-glKWLeMTIsG-b-5556213.php|title=UN Security Council Report No 4: Protection of Civilians in Armed Conflict|access-date=November 12, 2017}}</ref> While no specific outcome followed this meeting, it did lead to the production of a 10-year assessment of Council actions since the passing of resolution 1265 in 1999.<ref name=":2" />

In addition to the UN treaties, regional treaties have also been established, such as the African Union Constitutive Act Article 4(h) which also outlines the protection of civilians and  "affords the Union a right to forcibly intervene in one of its member states in "grave circumstances", namely war crimes, genocide and crimes against humanity."<ref>{{Cite journal|last=Bergholm|first=Linnea|date=May 2010|title=The African Union, the United Nations and Civilian Protection Challenges in Darfur|url=https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|journal=Refugee Studies Centre Working Paper Series|volume=Paper No. 63|pages=8|url-status=live|archive-url=https://web.archive.org/web/20180502164228/https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|archive-date=2018-05-02}}</ref> This is proposed to indicate the African Union will no longer stand by to watch atrocities happen within the Union. As described by [[Said Djinnit]] (AU's Commissioner for Peace and Security) in 2004, "Africans cannot [...] watch the tragedies developing in the continent and say it is the UN's responsibility or somebody else's responsibility. We have moved from the concept of non-interference to non-indifference. We cannot, as Africans, remain indifferent to the tragedy of our people"<ref>{{Cite news|url=http://www.irinnews.org/news/2004/06/28|title=African Union stresses importance of conflict resolution and peacekeeping|date=28 June 2004|work=IRNI News|access-date=November 12, 2017|archive-url=https://web.archive.org/web/20171210180029/http://www.irinnews.org/news/2004/06/28|archive-date=2017-12-10|url-status=live}}</ref> (IRIN News 2004). Although Article 4(h), while drafted, has not been activated, which raises the question of the AU's willingness to intervene in situations of "grave circumstance."<ref>{{Cite journal|last=Bergholm|first=Linnea|date=May 2010|title=The African Union, the United Nations and Civilian Protection Challenges in Darfur|url=https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|journal=Refugee Studies Centre Working Paper Series|volume=Paper No. 63|pages=9|url-status=live|archive-url=https://web.archive.org/web/20180502164228/https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|archive-date=2018-05-02}}</ref>

Regardless of the lead organization (UN, AU, other) "there is clearly a risk involved for international organizations that in assuming a complicated security role such as civilian protection, they may raise expectations among local populations that cannot be met, usually not even by large-scale peace operations with a comprehensive political component, supported by high force levels, overall professionalism, and the political stamina to stay present long-term. The disappointing outcomes, in Africa and elsewhere, have led some to criticize the way in which the decentralization policies have been implemented (MacFarlane and Weiss 1992; Berman 1998; Boulden 2003)."<ref>{{Cite journal|last=Bergholm|first=Linnea|date=May 2010|title=The African Union, the United Nations and Civilian Protection Challenges in Darfur|url=https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|journal=Refugee Studies Centre Working Paper Series|volume=Paper No. 63|pages=11|url-status=live|archive-url=https://web.archive.org/web/20180502164228/https://www.rsc.ox.ac.uk/files/files-1/wp63-au-un-civilian-protection-challenges-darfur-2010.pdf|archive-date=2018-05-02}}</ref>

==Civilians in domestic law==

Most nations clearly distinguish military authorities from the civil administration via the national constitution; or else in statute law where no codified constitution exists. This usually serves to place control of military forces under the presiding civilian government. "Civilian" is often not defined explicitly but is a "negative definition" where anyone who is not designated as military personnel is (by default) a civilian. In keeping with IHL, this offers no intermediary status.<ref>{{cite web |title=Preach What You Practice: The Separation of Military and Police Roles in the Americas |url=https://www.wola.org/sites/default/files/downloadable/Regional%20Security/2010/preachwhatyoupractice.pdf |website=wola.org |publisher=Washington Office on Latin America |access-date=15 November 2021 |date=November 2010}}</ref>

Involvement and jurisdiction of the armed forces in civil affairs varies from nation to nation.

In France and Italy, the [[National Gendarmerie]] and [[Carabinieri]] are military agencies permanently tasked to supporting domestic civilian law-enforcement, usually focussed on serious organised crime and counter-terrorism. Until 2008, the South African [[Commando System (South Africa)|Commando System]] (a volunteer militia within the South African Army) assisted the Police Service in rural areas until they were replaced by specialised Police units. Section 201 of the South African constitution allows military forces to assist Police only with Presidential approval.<ref>{{cite web |title=South African Constitution, Chapter 11 |url=https://justice.gov.za/legislation/constitution/chp11.html |website=South African Justice Department |access-date=15 November 2021}}</ref>

The British military does not intervene in law enforcement matters other than by exceptional ministerial approval. During the 1980 [[Iranian Embassy Siege]], the [[Metropolitan Police]] were able to request military support and the Prime Minister approved deployment of the [[Special Air Service|SAS]]. Unarmed military personnel routinely deploy in support for natural disasters, bomb disposal, etc. under [[Military aid to the civil authorities|MACA]].<ref>{{cite web |title=Military Aid to the Civil Authorities for activities in the UK |url=https://www.gov.uk/government/publications/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk |website=gov.uk |publisher=Ministry of Defence |access-date=15 November 2021 |date=4 August 2016  |archive-url=https://web.archive.org/web/20210812165526/https://www.gov.uk/government/publications/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk/2015-to-2020-government-policy-military-aid-to-the-civil-authorities-for-activities-in-the-uk |archive-date=12 August 2021}}</ref><ref>{{cite web |title=Requests for Military Aid to the Civil Authorities (MACA) from the NHS in England |url=https://www.england.nhs.uk/publication/requests-for-military-aid-to-the-civil-authorities/ |website=NHS England |publisher=NHS England |access-date=15 November 2021 |archive-url=https://web.archive.org/web/20210117195008/https://www.england.nhs.uk/publication/requests-for-military-aid-to-the-civil-authorities/ |archive-date=17 January 2021 |date=27 July 2017}}</ref> In 1969 the British Army was deployed to Northern Ireland under [[Operation Banner]] to support the [[Royal Ulster Constabulary|local police]] in the wake of rioting. This deployment inflamed local tensions, with the Provisional IRA launching a guerilla campaign from 1970 to 1997, during which time controversial actions such as [[Operation Demetrius]] took place, as well as atrocities such as the [[Bloody Sunday (1972)|Bloody Sunday massacre]]. Operation Banner ultimately lasted 37 years, formally ending in 2007 and becoming the British Armed Forces' longest continuous operation. The many problems faced (and arguably caused by) Operation Banner have been influential in policy-making and the reluctance to deploy military forces domestically in anything other than exceptional circumstances (usually relating to serious terrorist threats).

By contrast, [[Basic Law for the Federal Republic of Germany#Role of the military|German law]] prohibits entirely the peacetime intervention of military forces within Germany in armed roles. Military personnel may only be deployed in unarmed roles such as disaster relief. This was found to be deeply restrictive during the 1972 [[Munich massacre]] when army snipers could not be deployed to assist Munich Police. [[GSG 9]] was later formed within the [[Federal Police (Germany)|Bundesgrenzschutz]] to provide an armed tactical capability within the civilian law enforcement structure.<ref>{{cite web |title=GSG 9 – To protect the Fatherland |url=https://special-ops.org/gsg-9-grenzschutzgruppe-9/ |website=Spec Ops Magazine |publisher=Spec Ops Magazine |access-date=15 November 2021 |date=22 September 2013}}</ref>

In the US, the 1878 [[Posse Comitatus Act]] forbids the use of the US Army for law enforcement purposes without the approval of Congress. A 2013 directive clarified that this included the Navy, Air Force and Marine Corp. In practice there are many nuances to this. The most notable being that the [[United States Coast Guard|US Coast Guard]] operates under the U.S. Department of Homeland Security during peacetime but can be transferred to the U.S. Department of the Navy and rendered "military" during times of war. The [[National Guard (United States)|US National Guard]] are organised at a State level and under mixed control. Under Title 32, State Governors may deploy National Guard personnel in support of civilian law enforcement - Posse Comitatus would only apply to personnel activated under Title 10 and operating under federal control.<ref>{{cite web |title=32 U.S. Code Title 32— NATIONAL GUARD |url=https://www.law.cornell.edu/uscode/text/32 |website=www.law.cornell.edu |publisher=Cornell Law School |access-date=15 November 2021 |archive-url=https://web.archive.org/web/20211020104758/https://www.law.cornell.edu/uscode/text/32 |archive-date=20 October 2021}}</ref><ref>{{cite web |title=Department of Defense Directive 5525.5 |url=https://irp.fas.org/doddir/dod/d5525_5.pdf |access-date=15 November 2021 |date=15 January 1986}}</ref><ref>{{cite web |title=Department of Defense Instruction 3025.21 |url=https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/302521p.pdf |website=Washington Headquarters Services |publisher=Washington Headquarters Services |access-date=15 November 2021 |date=27 February 2013}}</ref>

==Colloquial usage==
{{More citations needed|date=November 2021}}
In colloquial usage, the term is sometimes used to distinguish non-military [[law enforcement officer]]s, [[firefighter]]s, [[Emergency medical services|EMS]] personnel, and other [[Emergency service|emergency services]] members from the general public. Regardless, such members are civilians - not [[military personnel]] - and are bound by [[Municipal law|municipal]], [[Civil law (common law)|civil]] and [[criminal law]] to the same extent as other members of the public.

In the United Kingdom, Australia and New Zealand the term "civilian staff" can refer to police employees who are not [[Powers of the police in England and Wales|warranted constables]].<ref name="$%%VH">{{Cite web|date=2012|title=The Police (Complaints and Misconduct) Regulations 2012|url=https://www.legislation.gov.uk/uksi/2012/1204/made|website=legislation.gov.uk|quote=(2) In these Regulations—....."police officer" means a member of a police force or special constable; "police staff member" means—(a) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of section 102(4) and (6) of the [[Police Reform and Social Responsibility Act 2011|2011 Act]]}}</ref><ref>{{cite web|url=https://www.discoverpolicing.org/explore-the-field/civilian-law-enforcement/|title=Civilian Law Enforcement|website=discoverpolicing.org}}</ref> {{Better source needed|reason=Discoverpolicing doesn't seem reliable and the other one is a primary cite to a piece of legislation that only establishes it in the context of that legislation|date=November 2021}} In keeping with [[Peelian Principles]], the term "member of the public" is preferred by some people to avoid categorizing police as non-civilian.

In the U.S., [[Civilian oversight|"Civilian oversight" or "Citizen oversight"]] is used to distinguish external committees (typically monitoring police conduct on behalf of civil administrations and taxpayers) from the internal management structure.<ref>{{cite web |title=Civilian Oversight Basics |url=https://www.nacole.org/civilian_oversight_basics |website=National Association for Civilian Oversight of Law Enforcement |access-date=15 November 2021 |archive-url=https://web.archive.org/web/20210311121439/https://www.nacole.org/civilian_oversight_basics |archive-date=11 March 2021 |date=15 November 2021}}</ref><ref>{{cite web |title=Policing in the UK: Governance, Oversight and Complaints |url=https://researchbriefings.files.parliament.uk/documents/LLN-2020-0013/LLN-2020-0013.pdf |website=House of Lords Library Research Briefings |publisher=House of Lords |access-date=15 November 2021 |date=14 January 2020}}</ref>

Civilian crisis management is a central pillar of the [[EU Common Security and Defence Policy (CSDP)]], which in turn is part of the EU's Common Foreign and Security Policy (CFSP). The CSDP is an important instrument supporting the EU's role as a global security provider.

Currently, the EU maintains civilian missions in countries including Georgia, Iraq, Mali, Somalia, and the Central African Republic.<ref>{{cite web | url=https://www.coe-civ.eu/about | title=ABOUT }}</ref>

==See also==
*[[Privatus]]

==References==
{{Reflist}}

==Further reading==
* Helen M. Kinsella. '' The Image Before the Weapon: A Critical History of the Distinction Between Combatant and Civilian'' ([[Cornell University Press]]; 2011) 264 pages; explores ambiguities and inconsistencies in the principle since its earliest formulation; discusses how the world wars and the Algerian war of independence shaped the issue.

==External links==
{{Commons category|Civilians}}
{{Wiktionary}}
*[https://fas.org/irp/doddir/dod/d5525_5.htm US DoD definition of the term Civilian, refers to civilian law enforcement agencies]
*[http://www.gpo.gov/fdsys/granule/USCODE-2011-title10/USCODE-2011-title10-subtitleA-partI-chap18]

{{Particular human rights}}
{{Authority control}}

[[Category:Law of war]]
[[Category:Civilians in war]]