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 se...

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Main Authors:	Lawan Haruna, Abdulrashid, Ishan Jan, Mohammad Naqib, Mohd Kamal, Mohd Hisham
Format:	Article
Language:	English
Published:	Zesdyzar Rokman Resources 2014
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/40588/ http://irep.iium.edu.my/40588/ http://irep.iium.edu.my/40588/1/My_Article_2014%2C_3.pdf

id	iium-40588
recordtype	eprints
spelling	iium-405882018-06-12T04:13:06Z http://irep.iium.edu.my/40588/ IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities Lawan Haruna, Abdulrashid 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. Zesdyzar Rokman Resources 2014-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40588/1/My_Article_2014%2C_3.pdf Lawan Haruna, Abdulrashid 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. International Journal of Business, Economics and Law, 4 (3). pp. 67-74. ISSN 2289-1552 http://ijbel.com/
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 Lawan Haruna, Abdulrashid 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	Article
author	Lawan Haruna, Abdulrashid Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham
author_facet	Lawan Haruna, Abdulrashid Ishan Jan, Mohammad Naqib Mohd Kamal, Mohd Hisham
author_sort	Lawan Haruna, Abdulrashid
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	Zesdyzar Rokman Resources
publishDate	2014
url	http://irep.iium.edu.my/40588/ http://irep.iium.edu.my/40588/ http://irep.iium.edu.my/40588/1/My_Article_2014%2C_3.pdf
first_indexed	2023-09-18T20:58:15Z
last_indexed	2023-09-18T20:58:15Z
_version_	1777410449678008320

IHL and the challenges of civilian involvement in armed conflict: examining the crux of the notion of direct participation in hostilities

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