Part IX of the ICRC "Direct participation in hostilities" study : no mandate, no expertise, and legally incorrect
W. Hays Parks
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Journal of international law and politics, Vol. 42, no. 3, 2010, p. 769-830
Experts’ discussions resurrected the historic tension between Hague and Geneva law, that is, balancing the ability of a military force lawfully to accomplish its wartime missions while protecting individual civilians and civilian populations as a whole. This article concentrates on, and is a critical history and analysis of, Section IX - ' Restraints on the use of force in direct attack' of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law.