Deconstructing direct participation in hostilities: the constitutive elements

Michael N. Schmitt

2010 · 118 citations · 0 references

Concepts

Abstract

This paper examines one aspect of the ICRC's Interpretive Guidance on the Notion of Direct Participation in Hostilities, the constitutive elements. The constitutive elements address the issue of whether an act by a civilian in hostilties amounts to direct participation, such that he or she loses protection from attack.