‘Daddy, what did YOU do in the Great War?’ Direct participation in hostilities, a possible solution to a fraught legal position.
The issue of whether or not a civilian is culpable for having directly participated in hostilities, as per Article 51(3) of the First Additional Protocol to the Geneva Conventions is a complex and highly controversial issue. Further complexity is faced when considering the issue of targeting, and wh...
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| Format: | Article |
| Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2008-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
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| Online Access: | http://hrcak.srce.hr/file/51564 |
| Summary: | The issue of whether or not a civilian is culpable for having directly participated in hostilities, as per Article 51(3) of the First Additional Protocol to the Geneva Conventions is a complex and highly controversial issue. Further complexity is faced when considering the issue of targeting, and whether an individual may be legitimately targeted for his/her direct participation in hostilities. The aim of this paper is to examine the issue and to pose an alternative mechanism so as to provide a practical test to determine an individuals’ status. It also calls upon International jurists to provide much needed guidance. |
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| ISSN: | 0584-9063 1847-0459 |