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Direct participation in hostilities

Byron, Christine ORCID: 2021. Direct participation in hostilities. Sayapin, Sergey, Atadjanov, Rustam, Kadam, Umesh, Kemp, Gerhard, Zambrana-Tévar, Nicolas and Quénivet, Noelle, eds. International Conflict and Security Law, T.M.C Asser Press/Springer, pp. 277-300. (10.1007/978-94-6265-515-7_12)

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Direct participation in hostilities (DPH) was created as a concept in Additional Protocol I, developed in human rights and national case law and discussed briefly by the International Committee of the Red Cross (ICRC) Customary Law Study. However, it was not clearly defined at the time. The Interpretive Guidance on the Notion of Direct Participation under International Humanitarian Law (Interpretive Guidance) developed by the ICRC requires a threshold of harm, direct causation and a belligerent nexus as well as suggesting that civilians should be captured rather than killed if possible. However, there have been many controversies about the precise modalities of DPH. This chapter, which offers a rare practical-facing analysis of the Interpretive Guidance and contestation surrounding it, argues that the Guidance is inadequate for the realities of warfare, and that a human rights-based approach offers better, more meaningful protection to civilians taking a DPH.

Item Type: Book Section
Status: Published
Schools: Law
Publisher: T.M.C Asser Press/Springer
Last Modified: 07 Nov 2022 11:06

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