Distinguishing Civilians and Non-combatants: How Technological Warfare Challenges International Humanitarian Law
Despite evolving forms of warfare, the obligation to distinguish between military and civilian objectives remains a fundamental principle of international humanitarian law since the 19th century. However, the roles of civilians, combatants, and non-combatants are difficult to distinguish under the current legal framework. Today’s public discourse, exacerbated by media exaggerations and political propaganda, equates the term ‘non-combatant’ with that of ‘civilian’, portraying civilians as innocent and vulnerable. However, not all civilians are non-combatants, and there is an increase in involvement by civil personnel which have military and strategic significance. As civilian and military functions overlap, especially through dual-use technologies and remote systems, the traditional civilian/combatant dichotomy appears outdated and incomplete. The lack of clarity on such fundamental distinctions promotes divergent interpretations and undermines the uniform applicability of international humanitarian law.