Chapter

Who is a civilian? : membership of opposition groups and direct participation in hostilities

Emily Crawford

The grey zone : civilian protection between human rights and the laws of war

Oxford [etc.] : Hart, 2018

p. 19-40

English

This chapter examines the questions raised by the notion of the civilian under IHL, and the concept of civilian loss of protection against targeting due to direct participation in hostilities. To that end, it examines both the treaty and customary law relating to civilians and to direct participation, and explores some of the most notable attempts in recent years, by states and non-state entities alike, to define the concept of direct participation in hostilities. In doing so, it attempts to discern if there is a common accepted understanding of the notion of the civilian and civilian direct participation under current IHL.

• Full text (restricted access : ICRC)

• The grey zone : civilian protection between human rights and the laws of war / ed. by Mark Lattimer and Philippe Sands