![]() Collectively, these criteria limit overly-broad targeting policies, while distinguishing occasions of legitimate military targeting from common, criminal activities. The Guide proposes a three-pronged test which establishes a threshold of harm, and requires direct causation together with a belligerent nexus. While not without criticism, the Interpretive Guide aims to respect the customary IHL distinction between "direct participation in hostilities" and mere involvement in the general war effort. Since existing treaty sources of IHL do not provide a definition of what activities amount to "direct participation in hostilities", the ICRC in 2009 released an Interpretive Guide on the Notion of Direct Participation in Hostilities - in the hope of providing a neutral, impartial and balanced interpretation of the longstanding IHL principle of direct participation in hostilities. Any civilian activity which amounts to "direct participation in hostilities" temporarily suspends their presumptive civilian protection and exposes them to both direct targeting as a legitimate military target and prosecution for their unauthorised participation in hostilities. ![]() Those individuals who are clothed with combatant status are authorised to participate directly in hostilities without fear of prosecution, while civilians lose their civilian immunity against direct targeting whilst they participate directly in hostilities. ![]() ![]() E-mail: phrase "direct participation in hostilities" has a very specific meaning in international humanitarian law (IHL). ![]() Attorney of the High Court of South Africa Senior Lecturer in Law (University of KwaZulu-Natal School of Law). The international humanitarian law notion of direct participation in hostilities - A review of the ICRC interpretive guide and subsequent debateīA (Hons) LLB (University of Natal) LLM (University of Cambridge) PhD (UKZN). ![]()
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