‘Daddy, what did YOU do in the Great War?’ Direct participation in hostilities, a possible solution to a fraught legal position.
- Resource Type
- article
- Authors
- Dewi Williams
- Source
- Zbornik Radova Pravnog Fakulteta u Splitu, Vol 45, Iss 4, Pp 827-839 (2008)
- Subject
- direct participation
hostilities
Geneva Convention
alternative mechanism
Law
- Language
- English
Croatian
- ISSN
- 0584-9063
1847-0459
46071180
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.