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- Title
THE ICRC'S FORMULATION OF THE NOTION OF DIRECT PARTICIPATION IN HOSTILITIES: A CRITICAL LEGAL ANALYSIS.
- Authors
ÇETİNKAYA, Lokman Burak
- Abstract
The International Committee of the Red Cross (ICRC) invited a group of experts to The Hague to clarify the meaning and scope of the notion of "direct participation in hostilities" (DPH) in 2003.1 This attempt took more time than expected and produced the ICRC's Interpretative Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (the Interpretative Guidance) in May 2009.2 However, the outcome of this entire process lacks consensus among the experts who participated in the working group meetings3 as a significant number of them are of the opinion that the Interpretative Guidance does not correctly maintain the balance between military necessity and humanitarian concerns.4 Because the ICRC's formulation of DPH is not in accordance with this generally accepted balance, which reflects the spirit of all international humanitarian law (IHL) norms, the Interpretative Guidance has been widely criticized by legal experts and scholars as will be discussed in this essay.
- Subjects
LEGAL antiquities; INTERNATIONAL Committee of the Red Cross; HUMANITARIAN law; CRIMINAL liability; HUMAN rights
- Publication
Law & Justice Review, 2016, Vol 7, Issue 12, p361
- ISSN
1309-9485
- Publication type
Article