Deconstructing Direct Participation in Hostilties: The Constitutive Elements

44 Pages Posted: 5 May 2010 Last revised: 10 Jun 2010

See all articles by Michael N. Schmitt

Michael N. Schmitt

University of Reading School of Law; Lieber Institute, USMA at West Point; Naval War College - Stockton Center for the Study of International Law

Abstract

This paper examines one aspect of the ICRC's Interpretive Guidance on the Notion of Direct Participation in Hostilities, the constitutive elements. The constitutive elements address the issue of whether an act by a civilian in hostilties amounts to direct participation, such that he or she loses protection from attack.

Keywords: Direct Participation, Constitutive Elements, Humanitarian Law, Law of War, Law of Armed Conflict

Suggested Citation

Schmitt, Michael N., Deconstructing Direct Participation in Hostilties: The Constitutive Elements. New York University Journal of International Law and Politics, Vol. 42, p. 697, 2010, Available at SSRN: https://ssrn.com/abstract=1600250

Michael N. Schmitt (Contact Author)

University of Reading School of Law ( email )

Whiteknights
Reading, Berkshire RG6 6AH
United Kingdom

Lieber Institute, USMA at West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

Naval War College - Stockton Center for the Study of International Law ( email )

686 Cushing Road
Newport, RI 02841
United States

HOME PAGE: http://www.usnwc.edu/Academics/Faculty/Michael-Schmitt.aspx

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