21 Pages Posted: 9 Apr 2011
Date Written: April 7, 2011
This article deals with the necessity of wars in human world and principles of International Humanitarian Law. The concept of direct participation in hostilities (DPH) has had to bear an especially heavy weight in contemporary armed conflicts. Technological developments have expanded the capacity of individuals to apply lethal force while remaining located thousands of miles away from their targets. Thus, there came the Interpretive Guidance so as to make clear the concept of direct participation in hostilities in the battlefield. It is necessary to make distinction between civilians and the armed forces since the International Humanitarian Law always gives immunity to the civilians. But, this immunity can be taken away if the civilians take direct participation in the hostilities. Thus, it is necessary to deal with the elements for direct participation in hostilities.
This article deals about the criteria’s for the direct participation in the hostilities which is termed as ‘constitutive elements’ in the Interpretive Guidance. This article will not be dealing other aspects of the direct participation and International Humanitarian Law.
Keywords: interpretive guidance, civilians, principle of distinction
Suggested Citation: Suggested Citation
Khanal, Prativa, The Constitutive Elements of Direct Participation in Hostilities: Interpretive Guidance (April 7, 2011). Available at SSRN: https://ssrn.com/abstract=1804984 or http://dx.doi.org/10.2139/ssrn.1804984