Pavlovič, Peter: Direct Participation in Hostilities in Non-international Armed Conflicts: Act-based Approach vs. Membership-based Approach

Key words:

Direct participation in hostilities, continuous combat function, international humanitarian law, principle of distinction.


This article outlines the contours of the notion of direct participation in hostilities with emphasis on the specific conditions relative to the status of persons engaged in non-international armed conflicts. After the discussion of employment of the principle of distinction in an international armed conflict, the international regime is contrasted with the status of persons participating in a non-international armed conflict. The aim of this article is to discuss suitability of possible interpretations of the notion of direct participation in hostilities in a strict, traditional view (the act-based approach), and in a more liberal way in terms of continuous combat function (functional membership approach).