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Clarifying the Notion of Direct Participation in Hostilities
Authors: Jukl Marek
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. Published in Other
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Jukl Marek
RNDr. Marek Jukl, Ph.D., born in 1969. He is graduate of the Palacký University in Olomouc, where is still a member of academic community. He currently acts as the President of the Czech Red Cross. His activities in the field of international humanitarian law are associated primarily with the Czech Red Cross. He is a participant of the regular seminars organized by the International Committee of the Red Cross aimed at MHP and its spread. He was a participant of the international conferences of the Red Cross and Red Crescent in 2003, 2006 and 2007. He is a member of the Working Group on international humanitarian law at the Ministry of Foreign Affairs.
21/11/2011