The Diversification of Actors Involved in Armed Conflicts: Beyond 'Direct Participation to Hostilities'? (La Diversification Des Acteurs Impliqués Dans Les Conflits Armés: Vers Un Dépassement De La 'Participation Directe Aux Hostilités'?)

2009 ◽  
Author(s):  
Frederic Megret
Keyword(s):  
Armed Conflicts ◽  
Direct Participation ◽  
Conflits Armes

Is Formalism a Friend or Foe?

2013 ◽  
Vol 4 (2) ◽  
pp. 354-389 ◽  
Author(s):  
Martijn Jurgen Keeman
Keyword(s):  
Functional Approach ◽  
Armed Conflicts ◽  
The Other ◽  
Direct Participation ◽  
Rules And Principles

Contemporary armed conflicts are known to blur the categories of civilians and combatants, leading to problems with the principle of distinction. These categories are the result of an essentially formalised IHL, and have become less accurate by being over- or under-inclusive. Although formalism is vital to IHL’s functioning, maintaining it in its present excessive strength perpetuates distinction problems. In numerous cases a functional inroad based on actual conduct has been introduced, for instance with the concept of direct participation in hostilities. This solution should be implemented across a wider spectrum. Where the two categories are difficult to tell apart, a functional approach for one category benefits the other. This article shows how this can be attained by using existing rules and principles of IHL, such as the concept of military objectives and the prohibition on terrorism, or newer rules.

The Definition of Civilians in Non-International Armed Conflicts

2016 ◽  
Vol 7 (1) ◽  
pp. 129-155 ◽  
Author(s):  
Camille Marquis Bissonnette
Keyword(s):  
Armed Conflict ◽  
Codes Of Conduct ◽  
Armed Conflicts ◽  
Armed Groups ◽  
Direct Participation ◽  
State Actors ◽  
Definition Of ◽  
Shed Light

This article analyzes the perceptions of armed groups regarding the concept of civilians in non-international armed conflicts, through their codes of conduct and other commitments. It intends to shed light on the implementation by these non-state actors of the very critical principle of distinction, the exact articulation of is hotly debated in non-international armed conflict. It thus presents the different approaches to the principle of distinction in non-international armed conflict: the specific-act approach, the membership approach, the functional non-privileged combatancy approach, and the direct participation in hostilities with extended temporal scope in light of the commitments and undertakings of various armed groups. It concludes with the findings made on the basis of the study of the commitments made by armed groups, underlying in particular the issues that remain problematic regarding the principle of distinction in non-international armed conflict, as well as the issues on which a consensus in conceivable.

High-Tech Civilians, Participation in Hostilities, and Criminal Liability

2019 ◽  
pp. 175-208
Author(s):  
Matthew T. King
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Armed Conflicts ◽  
High Tech ◽  
Military Operations ◽  
Direct Participation ◽  
Military Forces ◽  
Law Of Armed Conflict ◽  
The Law

The challenge presented by civilians on, near, and affecting the battlefield is an enduring issue in the Law of Armed Conflict (LOAC). At its core, the LOAC seeks to protect civilians from the dangers of hostilities. The challenge, then, involves adhering to this general respect and protection standard, while balancing the need to send forces (which may include civilian members) to prosecute armed conflicts (which may involve enemy civilian participants). As advancements in technology and a growing dependence on civilian expertise in armed conflict begin to blur the distinction between civilian activity and direct participation in hostilities, how will military forces ensure civilians are properly protected on the battlefield? At what point does civilian involvement in military operations become direct participation in the conflict?

Strengthening the Principle of Distinction?

2015 ◽  
Vol 6 (2) ◽  
pp. 377-413 ◽  
Author(s):  
Laura Hofmann
Keyword(s):  
Continuous Function ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Direct Part ◽  
Armed Groups ◽  
Direct Participation

The primary impetus for the Interpretive Guidance on the Notion of Direct Participation in Hostilities by the International Committee of the Red Cross was the need for an accepted understanding of the notion of ‘direct participation in hostilities’. The Interpretive Guidance recommends that in non-international armed conflicts organised armed groups consist only of persons whose continuous function for the groups involves taking direct part in hostilities. The objective of this article is to assess to what extent the ‘continuous combat function’ category strengthens the protection of civilians under the principle of distinction.

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