Challenges of Twenty-first Century Conflicts: a Look at Direct Participation in Hostilities
نویسنده
چکیده
During times of armed conflict, whether characterized as international or non-international, International Humanitarian Law (“IHL”) is applicable. As a body of law, IHL does not question the lawfulness of a conflict (jus ad bellum) but seeks instead to apply humanitarian principles in warfare (jus in bello). IHL recognizes that even war has its limits, irrespective of its cause, and strives to establish humanitarian parameters to the means and methods of warfare and to alleviate the suffering that conflict so often causes to persons not taking part in the hostilities. The core IHL instruments are the four Geneva Conventions of 1949, their two Additional Protocols of 1977, and Additional Protocol III of 2005. The International Committee of the Red Cross (“ICRC”) has been entrusted by states that are parties to the four Geneva Conventions and their Additional Protocols, and
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The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis
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