IHL and civilian participation in hostilities in the OPT
by the Program on Humanitarian Policy and Conflict Research, Harvard University
Laws of war and 21st century conflict
New York [etc.] : International Debate Education Association, 2012
Tiré de : Program on Humanitarian Policy and Conflict Research, Policy Brief, Harvard University, October 2007
Part I of this Policy brief examines the international legal framework applicable to the targeting of civilians who take a direct part in hostilities, in particular with reference to the recent Israeli Supreme Court decision. Part II defines the main components of direct participation of civilians. Part III addresses current uncertainties in the context of international and domestic law by suggesting three key questions for scholars and practitioners to consider in determining the lawfulness of targeting any given individual who is alleged to be taking a direct part in hostilities. Part IV concludes with a review of the current debate.