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Original scientific paper

‘Daddy, what did YOU do in the Great War?’ Direct participation in hostilities, a possible solution to a fraught legal position.

Dewi Williams


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Abstract

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.

Keywords

direct participation; hostilities; Geneva Convention; alternative mechanism

Hrčak ID:

32400

URI

https://hrcak.srce.hr/32400

Publication date:

31.12.2008.

Article data in other languages: croatian

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