‘Daddy, what did YOU do in the Great War?’ Direct participation in hostilities, a possible solution to a fraught legal position.

Abstract

The issue of whether or not a civilian is culpable for having directly participated in hostilities, as per Article 51(3) of the First Additional Protocol to the Geneva Conventions is a complex and highly controversial issue. Further complexity is faced when considering the issue of targeting, and whether an individual may be legitimately targeted for his/her direct participation in hostilities. The aim of this paper is to examine the issue and to pose an alternative mechanism so as to provide a practical test to determine an individuals’ status. It also calls upon International jurists to provide much needed guidance.

Keywords

• direct participation
• hostilities
• Geneva Convention
• alternative mechanism