Practice Relating to Rule 6. Civilians’ Loss of Protection from Attack
[T]he abovementioned persons, among others, were arrested in their place of residence or work, in hors de combat
situation, and thus are legally qualified as civilians. Contrary to the argument made by the Defense, the Court emphasizes that “civilian” means predominantly civilian, as established by the ICTY: “A population may be considered as civilian even if certain non-civilians are present; it must simply be predominantly civilian” Kordić and Čerkez case
, Judgement, 26 February 2001, para. 180]. Indeed, even the presence of those involved in the conflict does not deprive [a] population of [its] civilian nature. Civilian includes those who were members of a resistance movement and former combatants but who are no longer taking part in hostilities.
[footnotes in original omitted]