When do civilians lose protection against direct attack under IHL?

The principle of distinction in International Humanitarian Law (IHL) requires parties to an armed conflict to clearly distinguish between civilians and combatants. Attacks against civilians are prohibited and may only be directed against military objectives.

The exception applies when a civilian takes a direct part in hostilities. In such cases, they temporarily lose protection from direct attack — solely for the duration of their participation.

Direct participation in hostilities refers to acts which simultaneously:

• are likely to cause, or may cause, harm to one party to the armed conflict;
• have a direct causal link to such harm;
• are specifically intended to support one party to the conflict and harm another.

Importantly, such participation does not in itself make a civilian a combatant, nor does it confer prisoner-of-war status. It entails only a temporary loss of protection from direct attack for the duration of their direct participation.

Thus, International Humanitarian Law sets out clear conditions under which a civilian may lose protection from direct attack.

Publications of the Ukrainian Red Cross help raise awareness of International Humanitarian Law.