Pavlovič, Peter: Direct Participation in Hostilities in Non-international Armed Conflicts: Act-based Approach vs. Membership-based Approach
Key words:
Direct participation in hostilities, continuous combat function, international humanitarian law, principle of distinction.
Abstract:
This article outlines the contours of the notion of direct participation in hostilities with emphasis on the specific conditions relative to the status of persons engaged in non-international armed conflicts. After the discussion of employment of the principle of distinction in an international armed conflict, the international regime is contrasted with the status of persons participating in a non-international armed conflict. The aim of this article is to discuss suitability of possible interpretations of the notion of direct participation in hostilities in a strict, traditional view (the act-based approach), and in a more liberal way in terms of continuous combat function (functional membership approach).
Editor-in-chief
- Metod Špaček
Editorial Board
- Peter Klanduch
- Milan Kollár
- Dagmar Lantajová
- Katarína Šmigová
- Metod Špaček
Advisory Board
- Gerhard Hafner
- Dalibor Jílek
- Stephen McCaffrey
- Pavel Šturma
- Peter Tomka