IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities
International humanitarian law (IHL) is the branch of public international law responsible for the regulation of conduct of belligerents and it seeks to protect individuals who are not taking an active part in hostilities from the effects of armed conflict. This segment of the law has been facing...
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KLibel
2014
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| Online Access: | http://irep.iium.edu.my/40585/ http://irep.iium.edu.my/40585/ http://irep.iium.edu.my/40585/1/My_2014_Article_1.pdf |
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iium-405852018-06-12T03:35:43Z http://irep.iium.edu.my/40585/ IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities Haruna, Abdulrashid Lawan Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham KZ Law of Nations International humanitarian law (IHL) is the branch of public international law responsible for the regulation of conduct of belligerents and it seeks to protect individuals who are not taking an active part in hostilities from the effects of armed conflict. This segment of the law has been facing serious challenges in contemporary armed conflicts due to the continuous involvement of civilians in activities that are of military nature. This paper seeks to explore the notion of direct participation in hostilities with a view to giving civilians the maximum protection they deserve in time of armed conflict without necessarily impairing imperative military necessity. It considers specific acts that will be termed as taking a direct part in hostilities, which will consequently deprive a civilian his immunity against direct attack. The paper will further discuss the nitty-gritty of the notion of direct participation in hostilities and the various critiques it receives from military perspectives coupled with its possible practical difficulty in terms of implementation. It also discusses the beginning and end of civilian direct participation in hostilities and the revolving door of civilian protection. The paper posits that notwithstanding the various contributions in trying to resolve the problems associated with direct participation in hostilities, the notion has remained critical and needs further clarification. The paper recommends that belligerents should respect their obligation in terms of civilian protection despite the challenges facing civilian involvement in the contemporary armed conflict. KLibel 2014-05 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/40585/1/My_2014_Article_1.pdf Haruna, Abdulrashid Lawan and Ishan Jan, Mohammad Naqib and Mohd Kamal, Mohd Hisham (2014) IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities. In: Kuala Lumpur International Business, Economics and Law Conference (KLIBEL4), Vol. 3, 31 May-1 June 2014, Hotel Putra, Kuala Lumpur. http://klibel.com/proceeding/klibel-4-volume-3-law-papers/ |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KZ Law of Nations |
| spellingShingle |
KZ Law of Nations Haruna, Abdulrashid Lawan Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| description |
International humanitarian law (IHL) is the branch of public international law
responsible for the regulation of conduct of belligerents and it seeks to protect
individuals who are not taking an active part in hostilities from the effects of armed
conflict. This segment of the law has been facing serious challenges in
contemporary armed conflicts due to the continuous involvement of civilians in
activities that are of military nature. This paper seeks to explore the notion of direct
participation in hostilities with a view to giving civilians the maximum protection
they deserve in time of armed conflict without necessarily impairing imperative
military necessity. It considers specific acts that will be termed as taking a direct
part in hostilities, which will consequently deprive a civilian his immunity against
direct attack. The paper will further discuss the nitty-gritty of the notion of direct
participation in hostilities and the various critiques it receives from military
perspectives coupled with its possible practical difficulty in terms of
implementation. It also discusses the beginning and end of civilian direct
participation in hostilities and the revolving door of civilian protection. The paper
posits that notwithstanding the various contributions in trying to resolve the
problems associated with direct participation in hostilities, the notion has remained
critical and needs further clarification. The paper recommends that belligerents
should respect their obligation in terms of civilian protection despite the challenges
facing civilian involvement in the contemporary armed conflict. |
| format |
Conference or Workshop Item |
| author |
Haruna, Abdulrashid Lawan Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham |
| author_facet |
Haruna, Abdulrashid Lawan Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham |
| author_sort |
Haruna, Abdulrashid Lawan |
| title |
IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| title_short |
IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| title_full |
IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| title_fullStr |
IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| title_full_unstemmed |
IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| title_sort |
ihl and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities |
| publisher |
KLibel |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/40585/ http://irep.iium.edu.my/40585/ http://irep.iium.edu.my/40585/1/My_2014_Article_1.pdf |
| first_indexed |
2023-09-18T20:58:15Z |
| last_indexed |
2023-09-18T20:58:15Z |
| _version_ |
1777410449538547712 |