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o them 26 the fourth convention introduced an entirely new body of law on the protection of civilians in time of war 27 an international conference in 1977 completed drafting two additional protocols to the geneva conventions of 1949 the first and second protocols relating to the protection of victims of international and non international armed conflicts respectively 28 in a nutshell protocol i prohibits direct or indiscriminate attacks against civilians and requires military forces to take all reasonable measures to avoid unnecessary civilian casualties 174 states are party to this protocol as of 2015 29 under article 51 1 3 7 and 8 of protocol i to the geneva conventions of 1977 30 1 the civilian population and individual civilians shall enjoy general protection against dangers arising from military operations to give effect to this protection the following rules which are additional to other applicable rules of international law shall be observed in all circumstances 2 the civilian population as such as well as individual civilians shall not be the object of attack acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited 3 civilians shall enjoy the protection afforded by this section unless and for such time as they take a direct part in hostilities 7 the presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations in particular in attempts to shield military objectives from attacks or to shield favour or impede military operations the parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations 8 any violation of these prohibitions shall not release the parties to the conflict from their legal obligations with respect to the civilian population and civilians including the obligation to take the precautionary measures provided for in article 57 civilian objects edit civilian objects are all objects which are not military objectives 31 civilian protection in the un security council edit 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 32 through the un security council report no 4 first published in 2008 the un offers ways to support civilian protections in both intra and inter state conflict with a goal of encouraging regional states to police their own conflicts such as the african union policing african conflicts 32 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 33 through a series of resolutions 1265 1296 1502 1674 and 1738 and presidential statements the 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 34 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 34 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 34 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 35 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 36 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 37 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 38 under the 1977 protocol i additional to the geneva conventions civilians are entitled to protection against direct attack unless and as long as they take a direct part in hostilities 39 direct participation in hostilities refers to specific acts carried out by individuals 40 civilians lose their immunity from direct attack when and only so long as they are directly participating in hostilities 41 when unclear as to a person s civilian status there is a presumption that that person is a civilian 42 one s presence within a population of individuals who do not come within the definition of civilians does not deprive the person of their civilian character 43 customary international law puts the onus on an attacking party to do everything feasible to verify that the objectives to be attacked are neither civilians nor civiliab objects and are not subject to special protection 44 military objectives can be directly targeted meaning that they offer a definite military advantage under article 28 of geneva convention iv it is prohibited to use civilians to render military objectives immune from attack this prohibition includes human shields under customary international law and article 51 7 of additional protocol i 45 civilians in domestic law edit 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 46 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 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 47 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 sas unarmed military personnel routinely deploy in support for natural disasters bomb disposal etc under maca 48 49 in 1969 the british army was deployed to northern ireland under operation banner to support the 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 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 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 bundesgrenzschutz to provide an armed tactical capability within the civilian law enforcement structure 50 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 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 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 51 52 53 non military usage edit when used as a modifier it can refer to a non military object such as civilian clothes 3 in the united states 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 54 55 policing traditions influenced by the peelian principles regard police officers as citizens in uniform rather than as a separate military force 56 the term is also used informally to refer to individuals outside a particular group profession or community 57 3 see also edit law of war also known as international humanitarian law ihl non combatant distinction law precautionary principle proportionality law geneva convention iv 1949 protocol i to the geneva conventions 1977 privatus references edit civilian oxford english dictionary oxford university press 2021 retrieved 2021 10 04 a person who is not professionally employed in the armed forces a non military person art 51 1 2 additional protocol i 1 2 3 civilian dictionary com archived from the original on 3 december 2013 retrieved 2 may 2018 jean pictet ed commentary on geneva convention iv relative to the protection of civilian persons in time of war 1958 archived 2007 07 12 at the wayback machine p 51 1994 reprint edition the relevance of ihl in the context of terrorism archived 2006 11 29 at the wayback machine official statement by the icrc 21 july 2005 armed forces act 2006 section 357 legislation gov uk hm government 1 october 2010 retrieved 4 october 2021 ucmj 64 stat 109 10 u s c 802 legal information institute cornell law school retrieved 4 october 2021 customary ihl rule 5 definition of civilians ihl databases icrc org retrieved 2020 07 04 1 2 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 international committee of the red cross crawford emily 2015 identifying the enemy civilian participation in armed conflict new york ny oxford university press isbn 978 0 19 967849 5 protocol additional to the geneva conventions of 12 august 1949 and relating to the protection of victims of int l armed conflict art 50 june 8 1977 1125 u n t s 3 hereinafter additional protocol i rome statute of the international criminal court july 17 1998 2187 u n t s 90 37 i l m 999 entered into force july 1 2002 hugo slim killing civilians method madness and morality in war hurst london 2008 slim hugo 2003 why protect civilians innocence immunity and enmity in war international affairs 79 3 481 501 doi 10 1111 1468 2346 00318 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 graça machel impact of armed conflict on children report of the expert of the secretary general 26 aug 1996 p 9 archived 2009 07 23 at the wayback machine mary kaldor new and old wars organized violence in a global era polity press cambridge 1999 p 107 howard zinn moises samam gino strada just war charta 2005 p 38 adam roberts lives and statistics are 90 of war victims civilians survival london vol 52 no 3 june july 2010 pp 115 35 archived 2017 02 05 at the wayback machine print edition issn 0039 6338 online issn 1468 2699 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 relati...