Abstract
International Humanitarian Law ensures civilians are protected from direct attack in armed conflicts "unless and for such time as they take a direct part in hostilities" ('DPH'). This thesis addresses key issues of DPH. Firstly, as the civilian footprint of modern warfare erodes the civilian-combatant distinction on the battlefield, memberships in organised armed groups and civilian legal statuses are constructed. Secondly, the thesis identifies how to distinguish between acts of 'direct' and 'indirect' participation. Thirdly, the thesis addresses potential abuses of the temporal scope of DPH by developing a formula which accounts for intervals of participation in hostilities.
Original language | English |
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Qualification | Doctor of Philosophy |
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Award date | 29 Nov 2022 |
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Publication status | Unpublished - 2022 |