Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The ICRC's Clarification Process On The Notion Of Direct Participation In Hostilities Under International Humanitarian Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The primary aim of international humanitarian law (IHL) is to protect the victims of armed conflict and to regulate the conduct of hostilities based on a balance between military necessity and humanity. It was with the aim of clarifying the three questions under IHL applicable that the ICRC, in cooperation with the TMC Asser Institute, initiated an informal expert process. With regard to the question of who qualifies as a civilian during the conduct of hostilities, it is important to distinguish members of State armed forces or of organized armed groups from civilians. In situations of armed conflict, all persons qualifying as civilians are entitled to protection against direct attack unless and for such time as they directly participate in hostilities. Once it has been determined that a person has lost civilian protection against direct attack, guidance is needed as to the precise modalities that govern such loss of protection.

Keywords: civilians; ICRC's clarification process; International armed conflict; international humanitarian law (IHL)



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Right to Life — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation