The ‘Revolving Door’ of Direct Participation in Hostilities
A Way Forward?
In: Journal of International Humanitarian Legal StudiesAbstract
Contemporary trends of warfare have witnessed a so-called ‘civilian footprint’ in support of military operations while battlefields have increasingly shifted towards urban areas. International humanitarian law established a framework through which civilians are protected from direct attack ‘unless and for such time as they take a direct part in hostilities’. Three key areas have traditionally been associated with the analysis of direct participation in hostilities (‘dph’): civilian legal status, what behaviour amounts to dph, and what modalities govern this loss of protection. This article will focus on the latter and attempt to create a feasible and practical framework capable of harnessing the temporal scope of dph and limit the so-called ‘revolving door phenomenon’. The framework developed in this article will account for criteria that could and should aid decision-making on the battlefield, most notably causal associations between individuals and dph acts and the physical or non-physical nature of dph acts’ deployments.
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| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1110 | 643 | 34 |
| Full Text Views | 100 | 49 | 3 |
| PDF Views & Downloads | 216 | 139 | 6 |
The ‘Revolving Door’ of Direct Participation in Hostilities
A Way Forward?
In: Journal of International Humanitarian Legal StudiesAbstract
Contemporary trends of warfare have witnessed a so-called ‘civilian footprint’ in support of military operations while battlefields have increasingly shifted towards urban areas. International humanitarian law established a framework through which civilians are protected from direct attack ‘unless and for such time as they take a direct part in hostilities’. Three key areas have traditionally been associated with the analysis of direct participation in hostilities (‘dph’): civilian legal status, what behaviour amounts to dph, and what modalities govern this loss of protection. This article will focus on the latter and attempt to create a feasible and practical framework capable of harnessing the temporal scope of dph and limit the so-called ‘revolving door phenomenon’. The framework developed in this article will account for criteria that could and should aid decision-making on the battlefield, most notably causal associations between individuals and dph acts and the physical or non-physical nature of dph acts’ deployments.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1110 | 643 | 34 |
| Full Text Views | 100 | 49 | 3 |
| PDF Views & Downloads | 216 | 139 | 6 |