International humanitarian law is based on the principle of the distinction between civilians (and civilian objects) and combatants (and military objectives). The civilian population is made up of individual civilians who are not member of armed forces and thus, do not qualify as combatant. A civilian is any individual who is not a member of one of the following groups:
the regular armed forces;
the armed forces of a party to the conflict, as well as militias or volunteer corps forming part of such armed forces;
organized resistance movements and other small armed groups.
Additional Protection for Specific Categories of Protected Persons
Humanitarian law specifies that civilians in the power of a party to the conflict—in particular, a party of which they are not a national—must be granted reinforced protection. These categories of protected persons are:
civilian populations in occupied territories
civilian detainees in occupied territories
civilians in the power of a party to the conflict
civilian internees
foreigners, refugees, and stateless persons
women and children
wounded and sick persons (theu must be cared for without adverse discrimination or delay, medical installations, and means of transportation, which must be respected and must be able to carry out their work despite any hostilities)
pregnant women, newborn infants, and infirm persons
relief and humanitarian personnel
Important notions
The entire population is civilian and therefore must be granted the protection established by humanitarian law, unless and for such time as they take a direct part in hostilities;
The “civilian population” includes all civilians. The presence, within the civilian population, of isolated individuals who do not come under the definition of civilians shall not deprive the population as a whole of its civilian character or of the protection to which it is entitled;
The distinction between combatants and civilians might be less straightforward during internal armed conflicts; therefore a distinction can be made between those who are fighting and those who are not, or no longer, fighting;
At times, civilians may take part in hostilities without formally belonging to any regular armed force. This may happen, for instance, in the context of spontaneous uprisings in occupied territories. It may also occur in the context of internal armed conflicts in which the distinction between civilians and combatants becomes more difficult. Civilians who take part directly in hostilities keep their status as civilians despite the fact that they directly participate in hostilities. Nonetheless, they temporarily lose the protection provided for civilians for the duration of their direct participation;
In case of doubt concerning the status of an individual, he or she must be considered a civilian;
Civilians are protected against attack, unless and for such time as they take a direct part in hostilities;
All individuals must be treated in conformity with the fundamental guarantees set forth by humanitarian law .
Protection
Civilians and the civilian population are generally to be granted protection from the dangers of military operations, and certain categories of civilians are entitled to reinforced protection.
The civilian population must never be the object of attacks or of any acts or threats of violence the primary purpose of which is to spread terror;
Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, or remove objects indispensable to the survival of the civilian population;
Works or installations containing dangerous forces—namely, dams, dikes, nuclear plants, and electrical generating stations—must never be the target of an attack if such an attack may cause the release of dangerous forces and consequently cause severe losses among the civilian population;
Cultural objects and places of worship that constitute the cultural or spiritual heritage of peoples must never be attacked or used in support of the military effort;
The displacement of the civilian population shall not be ordered for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand.
The Right to Receive Assistance
Exclusively humanitarian and impartial relief actions must be undertaken for the civilian population if it is suffering undue hardship owing to a lack of the supplies essential for its survival, such as food and medical supplies.