Deconstructing Direct Participation in Hostilties: The Constitutive Elements
44 Pages Posted: 5 May 2010 Last revised: 10 Jun 2010
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
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