Abstract
AbstractDirect participation in hostilities (DPH) was created as a concept in Additional Protocol I, developed in human rights and national case law and discussed briefly by the International Committee of the Red Cross (ICRC) Customary Law Study. However, it was not clearly defined at the time. The Interpretive Guidance on the Notion of Direct Participation under International Humanitarian Law (Interpretive Guidance) developed by the ICRC requires a threshold of harm, direct causation and a belligerent nexus as well as suggesting that civilians should be captured rather than killed if possible. However, there have been many controversies about the precise modalities of DPH. This chapter, which offers a rare practical-facing analysis of the Interpretive Guidance and contestation surrounding it, argues that the Guidance is inadequate for the realities of warfare, and that a human rights-based approach offers better, more meaningful protection to civilians taking a DPH.Keywordsbelligerentciviliandirect participation in hostilities (DPH)International Committee of the Red Cross (ICRC)international humanitarian law (IHL)Interpretive Guidance
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