Abstract:

International humanitarian law hinges on the principle of the distinction between combatants, whose function is to conduct hostilities during armed confl ict, and civilians, who are presumed not to be directly participating in the hostilities and, therefore, entitled to full protection from attack. They lose this protection only if, and for as long as they “directly participate in hostilities”. After several years of expert discussions and research, the International Committee of the Red Cross (ICRC) has published the Interpretive Guidance, which aims to clarify the meaning and consequences of direct participation in hostilities under international humanitarian law (IHL). This article is devoted to the explanation of this notion. The presented interpretation follows the Interpretative Guidance published this year.