Protection from attack

Civilians and civilian objects

296. Civilians (not directly participating in hostilities) are non-combatants. Article 50(1) of Additional Protocol I 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, adding that ‘[i]n case of doubt whether a person is a civilian, that person shall be considered to be a civilian’.

297. The texts referred to in Article 50(1) are quoted in full supra 95 and 121. The cited paragraphs of Article 4(A) of Geneva Convention (III) advert 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. The hallmark of true civilians is that they are neither members of the armed forces, nor do they directly participate in hostilities (see infra 362 et seq.).

298. The principal feature of civilian status is that – under Article 51(1) of the Protocol – those entitled to it (as non-combatants) are supposed to ‘enjoy general protection against dangers arising from military operations’. Should a person join the armed forces of a Belligerent Party or take a direct part in hostilities, he will cease being a civilian and will lose this protection (see infra 361). But, as long as he remains a civilian, he is cloaked by civilian protection.