Participation in the conduct of hostilities and state restraint on killing
Ishita Chakrabarty and Hardik Choudhary
Host item entries:
Queen Mary law journal, Vol. 9, Spring 2018, p. 49-66
The International Court of Justice (ICJ) held that principles of human rights must be read in consonance with those of International Humanitarian Law (IHL), without holding the latter as lex specialis in the event of an armed conflict. Thus, the State may not arbitrarily engage in depriving any individual of his right to life. Non-International Armed Conflicts ('NIACs'), though elucidated in the Additional Protocol II, have hardly been a topic of study. IHL prohibits attacks on the civilian population and demand attacks to be directed solely against belligerents. NIACs have made it difficult to distinguish between a combatant and a civilian, since individuals residing within the State territory are unlikely to carry arms openly. These are populations that have to be classified by the nature of activities they undertake. This paper seeks to identify the issues with the conduct of hostilities paradigm and the guidelines provided to determine direct participation and finally, to redefine the powers of the State during a NIAC.