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Interpretive Guidance on the Notion of Direct Participation in Hostilities Under International Humanitarian Law

by Nils Melzer

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This text provides guidance on the interpretation of international humanitarian law relating to the notion of direct participation in hostilities. It seeks to facilitate the distinctions of armed forces of parties to an armed conflict - whether international or non-international - from civilians, and that civilians who never take part in hostilities be distinguished from those who do so on an individual, sporadic or unorganized basis only. By doing so, it examines three questions: who is considered a civilian for the purposes of the principle of distinction, what conduct amounts to direct participation in hostilities and what modalities govern the loss of protection against direct attack.

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