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International legal protections for persons hors de combat

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Chapter Summary

The contours of the Article 8(2)(b)(vi) and its corresponding elements remain relatively undefined in the context of the International Criminal Court (ICC) . However, the concept of who is hors de combat, what protections such individuals are afforded, and to what extent these protections are limited have evolved considerably and are outlined in detail through the interplay of several international instruments. This chapter traces the development of these concepts through legislative measures by highlighting the early attempts at codifying protections for those placed hors de combat. It focuses on Articles 41 and 42 of Protocol I and the General Remarks that follow them, discusses more recent provisions defining who is hors de combat, the protections afforded those who are hors de combat, and the limitations of such protections.

Keywords: Article 8(2)(b)(vi); hors de combat; International Criminal Court (ICC)



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