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International Humanitarian Law
Consequences under International Humanitarian Law for Civilians Who Take a Direct Part in Hostilities
English
112 b
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The distinction between combatants and civilians has been blurred in modern warfare. An enemy combatant is no longer solely identified through his or her uniform. The adversary may be members of an organized armed group or another non-governmental party. These members are typically not entitled to combatant status, and are thus civilians. When civilians engage in direct participation in hostilities they are no longer entitled to protection from direct attack. They are rendered legitimate military targets for the duration of their engagement. Balancing the protection of the civilian protection against the principle of military necessity has therefore become increasingly difficult in modern warfare. This book examines the temporal scope of the loss of protection, the rights of these civilians when captured and which punishment they can be subjected to. The analysis should shed some light on some of the issues concerning the consequences for civilians who engage in direct participation in hostilities.
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