Exploring the Predicament of Direct Participation in Hostilities in the Domain of International Humanitarian Law

Abstract

Modern conflicts often obscure the line between civilians and combatants, thereby necessitating a universally accepted and comprehensive definition of direct participation in hostilities (DPH), which has yet to emerge. States may be inclined to adopt either restrictive or expansive readings of DPH, depending on their interests, and may even shift between these positions. Such competing approaches complicate the task of policymakers seeking reform it. Efforts to revise DPH are fraught with difficulty, as any modification to DPH carries the risk of harming certain groups of individuals, with no easy resolution in sight. A thorough reconsideration of DPH has thus become necessary. This article first outlines the framework of the law of armed conflict, before assessing the strengths and weaknesses of the doctrine within the broader application of International Humanitarian Law (IHL), including the interpretations advanced by the International Committee of the Red Cross. It concludes by proposing possible solutions to the challenges surrounding DPH interpretation through an interpretivist lens.

Key words.  Hostilities. Combatants. Civilians. DPH, LOAC, IHL, ICRC, API and APII.

https://doi.org/10.5281/zenodo.19447576