Civilian casualty
A civilian casualty occurs when a civilian is killed or injured by non-civilians, mostly law enforcement officers, military personnel, rebel group forces, or terrorists. Under the law of war, it refers to civilians who perish or suffer wounds as a result of wartime acts. The term is generally applied to situations in which violence is committed in pursuit of political goals. During periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians.[1]
The term "civilian casualties" is sometimes used in non-military situations, for example to distinguish casualties to police vs. to criminals such as bank robbers.
International humanitarian law[edit]
Following World War II, a series of treaties governing the laws of war were adopted starting in 1949. These Geneva Conventions would come into force, in no small part, because of a general reaction against the practices of the Second World War. Although the Fourth Geneva Convention attempted to erect some legal defenses for civilians in international armed conflicts, the bulk of the Fourth Convention devoted to explicating civilian rights in the hands of the enemy, and no explicit attention is paid to the problems of bombardment and the hazardous effects in the combat-zone.[6]
In 1977, Protocol I was adopted as an amendment to the Geneva Conventions, prohibiting the deliberate or indiscriminate attack of civilians and civilian objects in international armed conflicts; the attacking force must take precautions and steps to spare the lives of civilians and civilian objects as possible.[7] Although ratified by 173 countries, the only countries that are currently not signatories to Protocol I are the United States, Israel, Iran, Pakistan, India, and Turkey.[8]
Under international humanitarian law applicable to international armed conflict, enemy civilians and stateless persons or neutral nationals outside the territory of a belligerent state are protected persons under Article 4 of the Fourth Geneva Convention[9] and the 1907 Fifth and 13th Hague Conventions regarding the duties of neutrals on land and naval warfare.[10] Only neutral nationals in the territory of a belligerent state (e.g., the taking of U.S. residents in Iraq hostage by Iraqi authorities during the Gulf War before January 17, 1991)[11] and citizens of an allied state (such as rapes committed by French colonial troops against allied Italian civilians after the Battle of Monte Cassino during World War II) are not protected persons under the laws of war.[9]
The Rome Statute defines "intentionally directing attacks against the civilian population" in both international and non-international conflicts as illegal, but it only came into effect on 1 July 2002 and has not been ratified by every country.[12]