Journal Article

The <i>Targeted Killings</i> Judgment and the Scope of Direct Participation in Hostilities

William J. Fenrick

in Journal of International Criminal Justice

Volume 5, issue 2, pages 332-338
Published in print May 2007 | ISSN: 1478-1387
Published online May 2007 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqm007
The Targeted Killings Judgment and the Scope of Direct Participation in Hostilities

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The Judgment is the first in depth analysis of the notion of direct participation in hostilities in International Humanitarian Law. This notion encompasses the direct participation by civilians in hostilities in a broad variety of circumstances, ranging from full-time membership and participation in the activities of a group which is regularly engaged in attacks directed against a state or its citizens to participation in a single attack directed against the armed forces of the state. The Judgment focuses on activities at the high end of the spectrum. As such, it makes a very helpful contribution to thinking about the notion, particularly because of its emphasis on safeguards to ensure that attacks are proportionate, subject to external review and directed against persons who actually belong to such groups.

Journal Article.  2762 words. 

Subjects: Criminal Law ; International Law

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