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4.8.1.3 “Civilian” in the GC. The GC does not define “civilian,” although it usesthe word. 189 The GC uses the term “protected person” to refer to persons protected by theConvention. 190 The GC excludes from the definition of “protected person” those persons whoare protected under the other 1949 Geneva Conventions, e.g., POWs and retained personnel. 191In some cases, “protected persons” can include a person “detained as a spy or saboteur, or as aperson under definite suspicion of activity hostile to the security of the Occupying Power,”although such persons are not entitled to all the protections applicable to protected persons. 1924.8.1.4 “Civilian” in AP I and AP II. AP I defines “civilian” in opposition to“combatant”; under AP I, anyone who is not a “combatant” is, by definition, a “civilian.” 193 TheUnited States has objected to AP I’s definition of combatant. 194 AP II uses the term “civilian”without providing a definition. 1954.8.1.5 General Usage of “Civilian” in This Manual. This manual generally uses“civilian” to mean a member of the civilian population, i.e., a person who is neither part of norassociated with an armed force or group, nor otherwise engaging in hostilities.4.8.2 Civilians – Conduct of Hostilities. Civilians may not be made the object of attack,unless they take direct part in hostilities. 196 The wounded and sick, as well as the infirm, andexpectant mothers, shall be the object of particular protection and respect. 197 Civilians may bekilled incidentally in military operations; however, the expected incidental harm to civilians maynot be excessive in relation to the anticipated military advantage from an attack, 198 and feasibleprecautions must be taken to reduce the risk of harm to civilians during military operations. 199189 See, e.g., GC art. 10 (“The provisions of the present Convention constitute no obstacle to the humanitarianactivities which the International Committee of the Red Cross or any other impartial humanitarian organization may,subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and fortheir relief.”).190 Refer to § 10.3 (Protected Person Status).191 Refer to § 10.3.2.3 (Not Protected by the GWS, GWS-Sea, or the GPW).192 GC art. 5. Refer to § 10.3.2.4 (Unprivileged Belligerents Not Per Se Excluded From Protected Person Status).193 See AP I art. 50(1) (“A civilian is any person who does not belong to one of the categories of persons referred toin Article 4 A (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubtwhether a person is a civilian, that person shall be considered to be a civilian.”).194 Refer to § 4.6.1.2 (AP I and the GPW 4A(2) Conditions).195 See, e.g., AP II art. 13 (“1. The civilian population and individual civilians shall enjoy general protection againstthe dangers arising from military operations.”).196 Refer to § 5.9 (Civilians Taking a Direct Part in Hostilities).197 GC art. 16 (“The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particularprotection and respect.”).198 Refer to § 5.12 (Proportionality in Conducting Attacks).199 Refer to § 5.11 (Feasible Precautions in Conducting Attacks to Reduce the Risk of Harm to Protected Persons andObjects); § 5.14 (Feasible Precautions to Reduce the Risk of Harm to Protected Persons and Objects by the PartySubject to Attack).128

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