Dilemmas of Civilian Participation in Military Deterrence and Defence: Legal and Ethical Dimensions

ABSTRACT How can civilians participate in deterrence and defence in ways that do not jeopardize their immunity from deliberate attack? The principle of civilian immunity from deliberate attack in war is a core element of contemporary international humanitarian law (IHL). Uniformed combatants and others who take up arms pose a threat may be liable to be attacked; non‐combatants pose no such threat and should not be deliberately attacked. Civilian immunity depends on the ability and willingness of combatants to distinguish between non‐combatant civilians and combatants—the principle of distinction. There is increasing interest in incorporating greater civilian participation in military defence doctrines. Through their actions, civilians can help deter attack, delay conquest, weaken enemy armies, frustrate and complicate occupation, and support the defence of the territory. In some existing and proposed military doctrines, civilians are to be mobilized for ‘total’ or ‘comprehensive’ defence. Yet, some civilian roles, and models of civil preparedness and resilience, blur the distinction between combatant and non‐combatant, or even cross the line, putting not only those citizens who participate at risk but also potentially jeopardizing all civilians. This may have occurred in the case of civilian participation in Ukrainian defence from Russia in the war that started in 2022. This article proposes ways civilians can participate in defence and maintain distinction in both conventional and non‐offensive defence.