Direct Participation In Hostilities Research Articles

The Legal Status of ‘Civilian Hackers’ under International Humanitarian Law

In response to the rising trend of civilian hackers participating in cyber conflicts, the International Committee of the Red Cross has recently issued guidelines regulating their conduct. This article navigates the intricate legal landscape surrounding civilians who actively participate in cyber hostilities, exploring the concept of direct participation in hostilities (DPH) in the context of cyber warfare. Given the unique nature of cyber warfare, the article highlights the need for a nuanced and context-specific approach in determining the legal status of civilians involved in cyber hostilities. It underscores the importance of distinguishing between actions linked to an ongoing armed conflict and those that occur independently. The piece discusses the challenges in defining civilians in cyber warfare, the principles of distinction and proportionality, the criteria for qualifying a civilian as a “direct participant of hostilities” and the concept of continuous combat function (CCF), which distinguishes civilians continuously involved in cyber hostilities from those sporadically or ad hoc engaged. The article also delves into the temporal challenges in cyber operations and the “revolving door” concept, which complicates the application of DPH status in cyber warfare.

The Legal Status and Targeting of Hacker Groups in the Russia-Ukraine Cyber Conflict

Abstract The armed conflict between Russia and Ukraine has been characterized by a considerable number of cyber operations by States and non-State actors in support to either party to the conflict. One year since the Russian invasion of Ukraine, the ‘Russia-Ukraine cyber conflict’ offers valuable insights for estimating the effectiveness of International Humanitarian Law in regulating the status and the conduct of individuals engaging in cyberspace operations during wartime. By discussing the status of hackers groups and individuals who have conducted cyber operations in support of Ukraine, this Article claims that the relevance of the concept of combatancy is diminished in the cyber domain, and that the notion of direct participation in hostilities must be adapted to the specific features of cyberspace. Furthermore, the article focuses on the issues relating to the targeting of individual who directly participate in hostilities by conducting cyber operations in support of Ukraine. By doing so, the Article argues that cyber direct participants place themselves at an increased risk of being attacked, even though the Russian armed forces are limited in their targeting decisions by the principles of proportionality and precaution.

ON THE USE OF THE EXPERIENCE IN THE PERFORMANCE OF SERVICE AND COMBAT TASK BY THE TROOPS OF THE NKVD OF THE USSR IN THE YEARS OF THE GREAT PATRIOTIC WAR IN THE ACTIVITIES OF THE TROOPS OF THE NATIONAL GUARD OF THE RUSSIAN FEDERATION

The article deals with the service and combat activities of the troops of the NKVD of the USSR during the Great Patriotic War. The authors of the article note that the NKVD troops made a significant contribution to the overall victory of the Soviet people over fascism in the Great Patriotic War. The article analyzes the organizational structure of the troops of the NKVD of the USSR, their legal status, the tasks performed, shows the shortcomings in the organization of the activities of these troops, which significantly affect the effectiveness of their service and combat use. The article also notes that the recruitment of barrage detachments was carried out not by the military personnel of the NKVD of the USSR, but at the expense of the Red Army, the troops of the NKVD of the USSR during the Great Patriotic War performed both internal and external functions of the Soviet state, which were expressed in the fight against banditry, desertion and crime in the rear of the fronts of the active army, as well as in direct participation in hostilities with the Nazi invaders. The authors come to the conclusion that the positive experience of the service and combat use of the troops of the NKVD of the USSR must be used in the conditions of modern reality in the practical activities of state law enforcement and military bodies, establishing a legal status corresponding to their purpose.

CROSSING BOUNDARIES: AUTONOMOUS WEAPON SYSTEMS AND THE CHALLENGE OF IHL COMPLIANCE

The introduction of autonomous weapon systems (AWS) marks a transformative juncture in the modern landscape of warfare. Promising operational efficiency, enhanced soldier safety, cost reduction, and workforce minimization, these systems have ignited a global discourse concerning their compliance with international law and the necessity of comprehensive regulation. This study delves into the multifaceted challenges associated with the deployment of AWS within the context of International Humanitarian Law (IHL) while evaluating their alignment with the principles of IHL, especially in terms of direct participation in hostilities (DPH). The research begins by establishing a fundamental understanding of autonomy, delineating the criteria that define AWS, and addressing their legal categorization—whether they constitute a method of warfare or serve as a replacement for combatants. By employing a diverse range of research methodologies encompassing system analysis, comparative legal analysis, synthesis, comparison, analogy, deduction, classification, interviews, and case studies, this study provides a comprehensive examination of the intricate AWS-IHL relationship. Further depth is added to the theoretical analysis through real-world case studies, including the STM Kargu-2 and the United Nations (UN) expert group's involvement in Libya, offering practical insights into the challenges posed by AWS in armed conflicts. Additionally, consideration is given to the SGR-A1, an autonomous system employed for border safeguarding, further illuminating the complexities of AWS in practice. This research aims to provide a nuanced and insightful understanding of the pressing regulatory and challenges arising from the utilization of AWS within the contemporary framework of IHL.

The Effect of New Technology on the Concept of “Direct Participation in Hostilities” in International Humanitarian Law

ABSTRACT
 This Research is about participation in hostilities particular civilian participation in international and non-international armed conflict. According to the International Humanitarian Law when civilians directly participate in hostilities, they loss their protection right. 
 Over recent decades, because of the continued advancement of technology, the nature of warfare has changed significantly, the current war fronts are something different from the earlier battle field. Modernization of the world differentiates the strategies of wars, methods of wars and planning of achieving the military benefits. Therefore, the earlier laws do not fit with the current war front.
 It is not true to say that only Direct Participation in Hostilities (DPH) can respond adequately to current forms of participation in conflicts because nowadays there are various types of participation in wars that may not fall within the concept of direct participation such as indirect participation in hostilities. Consequently, if applied the condition of direct participation to regard a person as combatant then what will be position of people who do not directly take part such as service men.
 To answer the research questions this academic paper will explains the notion of DPH. Also, this research focuses on the elements of the DPH and then the effect of new technology on the concept of DPH in International Humanitarian Law will be argued.

Artistic Originality of the Novel “Farewell to Arms!” by E. Hemingway

Indifference of authorities was a main symbol of the time preceded creation of the novel Farewell to Arms!. To save democracy it was reflected in the propaganda of war. The calls were especially persistent in May 1918. At this moment, the elderly felt the apathy of the strong and did not want to participate in this wrong war, young men (such as eighteen-year-old Hemingway) did not understand anything and went to the front. Most of them were destined to die. The fate loved Ernest: it saved him from joining the army several times. Later, when the young man could no longer wait, it saved him from direct participation in hostilities. In vain, because the war engages even Red Cross employees in physical and moral battles: it raises many unsolvable questions, makes them doubt the honesty of what is happening and tries to devalue the highest feelings. Many decisive measures were to be taken to preserve the soul. Many artistic devices would come in need to describe the experience. The study of these mediums is the subject of this research, the proof of their artistic power is the goal. The research was carried out on the materials of the English and Russian versions of the novel, critical articles by researchers of the writer's work. The comprehensive method of literary analysis was used. We revealed high thematic saturation in the novel because of our research effords. The author raised many problems: an intellectual in war, people's attitude to war, religion and war, morality and war, the fall of man in war, the influence of official propaganda on people; showed originality of the use of synthesis and montage (combination of pictures of different quality and meaning), sophisticated contrast; confirmed validity of the breach of the chronological principle.

Will the centre hold? Countering the erosion of the principle of distinction on the digital battlefield

AbstractThis article argues that the growing involvement of civilians in activities on the digital battlefield during armed conflicts puts individuals at risk of harm and contributes to the erosion of the principle of distinction, a cornerstone of international humanitarian law (IHL). The article begins by outlining the ongoing trend of civilianization of the digital battlefield and puts forward brief scenarios to illustrate it. It then examines the narrow circumstances under which such forms of civilian involvement may qualify as direct participation in hostilities under IHL, and discusses what this means for the individuals concerned, particularly from the perspective of their loss of protection under the law. The analysis shows that certain types of State conduct which put civilians in harm's way by inducing them to directly participate in hostilities may constitute standalone violations of IHL and human rights law obligations. Beyond these specific prescriptions, the encouragement of civilian involvement undermines the principle of distinction, with dangerous ripple effects on the interpretation of those rules of IHL that flow from it. Accordingly, the article concludes that States should act to reverse the trend of civilianization of the digital battlefield and refrain as much as possible from involving civilians in the conduct of cyber hostilities.

Rethinking direct participation in hostilities and continuous combat function in light of targeting members of terrorist non-State armed groups

AbstractEndless armed conflicts against terrorist groups put civilian populations at risk. Since France has been involved in the Sahel from 2013 onwards, transnational non-international armed conflicts (NIACs) of extended geographical and temporal scope against groups designated as terrorists are not a US exception anymore. NIACs against terrorist groups, conducted not only by the United States but also by France, persist and have been reconfigured around threat anticipation. How can anticipatory warfare be best constrained? This article argues that it can be best done through more constraining rules regulating target selection in NIACs and, in particular, by redefining the notion of continuous combat function (CCF). Many elements explored in this article indicate that the United States and France select targets that they pre-designate as terrorists, before these targets are engaged in hostilities. Instead of responding to the observed participation of these individuals in hostilities, strikes are based on contextual and behavioural elements ahead or outside of such moments. This paper argues that when war consists of threat anticipation, it becomes very extensive and particularly risky for civilians. Furthermore, recent State practice in the counterterrorism context reveals the pitfalls of the notions of direct participation in hostilities and CCF as defined in the 2009 International Committee of the Red Cross Interpretive Guidance. Outside this context, the interpretations proposed in the Interpretive Guidance might seem sufficient to constrain target selection processes and to protect civilian populations. However, when applied to armed conflicts that are driven by threat anticipation, the pitfalls of these interpretations emerge. I formulate a critique of these interpretations as being partly responsible for anticipatory warfare and propose an alternative theory for the CCF test.

АЛГОРИТМ ПСИХОЛОГІЧНОГО СУПРОВОДУ ОСОБОВОГО СКЛАДУ У РАЙОНІ ПРОВЕДЕННЯ ВОЄННИХ (БОЙОВИХ) ДІЙ

The article is devoted to the issue of psychological support of personnel in the area of military (combat) operations. The article considers the approaches of various scientists to the definition of the concept of "psychological support", and describes its main elements and content. As a result of the theoretical overview of various scientific approaches to solving the problem of psychological support, it can be stated that psychological support is an effective tool for neutralizing a wide range of complex, unpredictable and dynamic destabilizing internal and external factors and is designed to work with different categories of citizens. The article proposes the main principles of psychological support of personnel, defines the main tasks and key spheres of personal influence. We consider psychological support within the general system of psychological support of the Armed Forces of Ukraine as a complete hierarchical structure that has a defined goal and task, a integrated methodical subordination. The technology of psychological support of personnel is based on typical life situations and problems that arise during direct participation in hostilities, age-related characteristics and ideas of psychological and socio-pedagogical support of the professional activities of military personnel. The terms and main stages of psychological support are determined, on the one hand, by the adaptation possibilities and peculiarities of mental processes of servicemen under conditions of excessive psychophysical stress caused by a hyperextreme situation, and on the other hand by the regulatory and legal support of the system of psychological support of the Armed Forces of Ukraine and the objective situation in certain theaters of war. The indicators of successful implementation of psychological support is the following development of personnel: personal readiness for learning and self-development; growth of volitional self-regulation and motivational readiness; adequate perception of reality; successful orientation in a dynamic environment; positive assessment of one's own capabilities and confidence in positive final results; social activity, increasing confidence and trust in the immediate social environment; increasing self-esteem, reducing the level of anxiety and aggressiveness indicators; personal readiness to perform combat tasks.

Targeting of Children in Non-International Armed Conflicts

Abstract Albeit the prohibition of recruitment and use in hostilities of children is an established norm of international law, recognized under both international humanitarian law and international human rights law, the problem still remains. The main actors responsible for this reality are non-state armed groups (NSAGs), which kept recruiting and involving children in various tasks, including direct participation in hostilities (DPH). This in turn generates a dilemma regarding targetability of such children: whether to extend the special protection afforded to them by international law from being recruited and/or used in hostilities for targeting purposes as well. Additionally, the difficulty to determine targeting rules in the context of non-international armed conflicts (NIACs), which led to controversies as to targetability of even adult members of NSAGs while they do not take a direct part in hostilities, exacerbates the dilemma. This piece, accepting persuasiveness of the proposal in the ICRC Interpretive Guidance that those members of armed groups who have continuous combat function (CCF) are targetable, in addition to civilians taking a direct part in hostilities, questions whether children with such function/role are targetable in the same manner as adults of the same position. It is argued here that though children can be targeted during their DPH or when they have CCF, there is support in the law that the notions of DPH and CCF should be applied to them differently than adults. The piece also analyzes if the same means and methods used to target adults could be lawful when employed against children.

АКТУАЛЬНІ ПІДХОДИ ДО ПРОБЛЕМИ ДОСЛІДЖЕННЯ ПСИХІЧНОЇ РЕЗИЛЬЄНТНОСТІ

A serious psycho-traumatic factor is the various psychogenic and negative information influences caused by the events in eastern Ukraine. They are objectively a determinant of the mental changes that take place with the serviceman, as the central object in the vortex of these events. Maintaining, maintaining and restoring mental health, general psychological adaptation, psychological readiness of servicemen for action can be achieved through the development of mental resilience, which is associated with the ability of the psyche to recover from adverse conditions.Purpose. Retrospective analysis of the process of resilience, study the grounds for the study of topical aspects of personality resilience.Methods. .The theoretical methods of research were used to solve the problems set in the work: analysis of scientific sources on the problem of research, synthesis, comparison, generalization.Originality. Finding an understanding of human capacity for psychological positive adaptation in adverse conditions can help the development of resilience, as well as the development of the ability to cope with stressful situations.Conclusion: 1. The concept of resilience is both an adaptive dynamic process (recovery after injury) and a quality (or characteristic of the individual) that allows the individual to effectively overcome life's difficulties.2.The problem of studying the peculiarities of resilience as a safeguard against the negative consequences of military conflict is relevant and significant. An important task is the development of mental resilience in the independent overcoming of life crises, severe stressful situations, especially during military service and direct participation in hostilities.3. The concept of resilience in accordance with the individual and personal characteristics of the individual is revealed as a personal quality that allows a person to withstand various stressors and successfully overcome the most difficult moments in his life;4. Resilience is determined by the following qualities: values, social flexibility, emotional stability, cognitive flexibility, adequate self-esteem, positive attitudes in the environment, positive culturalself-identification;5. Studies of the phenomenon of resilience have shown that there is a possibility of overcoming negative forms of influence on the individual through the formation, systematization and further integration into its life of individual (or personal) and interpersonal (social support, approval) forms of resilience.

Коллективный портрет начальника Омской школы подготовки прапорщиков пехоты

In the article, on the basis of the prosopographic method, the collective portrait of the head of Omsk schools for the training of infantry warrant officers is reconstructed. The study is based on army clerical records from the Russian State Military Historical Archive and the Historical Archive of the Omsk Region. As a result of the study, it is found that the head of Omsk school for training infantry warrant officers, as a rule, is a nobleman, of the Orthodox faith, a combat officer with the rank of staff captain to lieutenant general, who has experience of direct participation in hostilities

Rethinking Direct Participation in Hostilities and Continuous Combat Function in Light of Targeting Members of Terrorist Groups

Rethinking Direct Participation in Hostilities and Continuous Combat Function in Light of Targeting Members of Terrorist Groups

The ‘Revolving Door’ of Direct Participation in Hostilities

Abstract Contemporary trends of warfare have witnessed a so-called ‘civilian footprint’ in support of military operations while battlefields have increasingly shifted towards urban areas. International humanitarian law established a framework through which civilians are protected from direct attack ‘unless and for such time as they take a direct part in hostilities’. Three key areas have traditionally been associated with the analysis of direct participation in hostilities (‘dph’): civilian legal status, what behaviour amounts to dph, and what modalities govern this loss of protection. This article will focus on the latter and attempt to create a feasible and practical framework capable of harnessing the temporal scope of dph and limit the so-called ‘revolving door phenomenon’. The framework developed in this article will account for criteria that could and should aid decision-making on the battlefield, most notably causal associations between individuals and dph acts and the physical or non-physical nature of dph acts’ deployments.

Human Shielding, Subjective Intent, and Harm to the Enemy

Abstract The weaker party in asymmetrical conflicts often attempts to protect itself from attack in a fashion prohibited by international law, particularly by using human shields. This article examines whether the traditional characterization of shielding based on subjective intent (the voluntary or involuntary nature of shielding) has any legal consequence and if so, how subjective intent can result in a change of status under international humanitarian law. This article argues that protective status cannot be altered solely through the intent of protected persons. In light of a careful analysis of treaty law, the author proposes a new understanding of the threshold of harm requirement of direct participation in hostilities and suggests that all human shields should be considered persons directly participating in hostilities, even when they do not possess a legally relevant will. Consequently, this article calls for an equal treatment of human shields due to their status as direct participants in hostilities. The article also calls for clarification of law by states on this issue, for there are inherent tensions within the law of armed conflict between the applicable law and state policies, in light of the relevant legal norms regulating the consequences of human shielding.

The application of the principle of distinction in the cyber context: A Chinese perspective

AbstractUp to now, the Chinese government has only made very general comments on the application of international humanitarian law to cyberspace. There are indeed Chinese academic papers concerning this issue, but the discussion of the principle of distinction is limited both in length and in academic depth. Compared with the West, research by Chinese scholars on this topic is still in a relatively preliminary stage. At present, there is no specific deconstruction or clarification of the application of the principle of distinction in cyberspace in Chinese academia. As the first paper written by Chinese scholars specifically devoted to this question, this piece provides a different perspective by injecting the positions of Chinese officials and the views of Chinese scholars. The authors aim to clarify whether the existing rules are still completely applicable in the cyber context, and if needed, to find out what kind of improvements and clarifications can be made. Weighing in on these debates, we argue that despite the potential technical challenges and uncertainties, the principle of distinction should be applied to cyberspace. It should also be carefully re-examined and clarified from the standpoint of preventing over-militarization and maximizing the protection of the interests of civilians. For human targets, the elements of combatant status identified in customary international law and relevant treaties are not well suited to the digital battlefield. Nevertheless, cyber combatants are still obligated to distinguish themselves from civilians. In applying the principle of distinction, we argue that it makes more sense to focus on substantive elements over formal elements such as carrying arms openly or having a fixed distinctive sign recognizable at a distance. In interpreting “direct participation in hostilities”, the threshold of harm requires an objective likelihood instead of mere subjective intention; the belligerent nexus should be confirmed, and the causal link should be proximate. Applying the “cyber kill chain” model by analogy helps us to grasp the whole process of direct participation in hostilities during cyber warfare. For non-human targets, all military objectives must cumulatively fulfil both the “effective contribution” and “definite military advantage” criteria, which are equally indispensable. The same requirements apply to dual-use objects. Furthermore, certain data should fall within the ambit of civilian objects.

Soft Law in Jus in Bello and Jus ad Bellum: What Lessons for Business and Human Rights?

This contribution, rather than focusing on the debates within the Business and Human Rights (BHR) domain itself, offers a comparison between soft law regulation in the BHR context, on the one hand, and in the jus in bello (JIB) and jus ad bellum (JAB) contexts, on the other. Specifically, this contribution looks at the recent experience in JIB and JAB wherein states and other actors have tried to address the indeterminacy of treaty law provisions through soft law proposals that advance a disputed interpretation of hard law, producing legal uncertainty and scholarly debate. I use as examples the 2009 Interpretive Guidance on Direct Participation in Hostilities and the 2012 Bethlehem Principles as a way to extract lessons for the codifying momentum underway in BHR.

UKRAINIAN LIBERAL STRUGGLE IN LEONID PERFETSKYIʼS BATTLE PAINTINGS

Summary. The purpose of the work is to investigate the Ukrainian liberation struggle period displayed in L. Perfeckyiʼs work, the artist-battalist, analyzing the artistic manner and the relevance of the historical events interpretation. The methodology of the research is based on the application of a set of methods: the general theoretical – analysis, systematization, generalization of the studied sources; the historical and the retrospective – to study the artistʼs creation stages and the artistʼs works; the art studies – in order to analyze the general creative style and the artistʼsartistic manner. The scientific novelty of the work is that for the first time L. Perfeckyiʼs creative heritage in the battle painting sphere is presented as a complete study, which clearly reflects the Ukrainian independence armed struggle period; the attention was also paid to the relationship between the artistʼs direct participation in hostilities and his service in the ranks of the UNR Army with the subsequent creative activity, which influenced the formation of a realistic style of the artist in conjunction with modernist quests. The conclusions. Unfortunately, the number of artist works were partially lost. However, the preserved ones give an opportunity to think about the artistʼs extraordinary talent and the artistic originality, who witnessed the real events and skillfully embodied them in the artworks. L. Perfetskyi became known as the Ukrainian battalist painter, who managed to reproduce skillfully one of the most difficult periods in Ukrainian history. In addition, Leonidʼs works are supported by his personal view concerning the above-mentioned events as the direct participant. Taking into consideration, the scattered documentary sources, an artistʼs true-to-life image is also important in exploring various aspects of historical events, which makes Leonid Perfetskyiʼs works extremely valuable. Apart from the artistic point of view, Leonid Perfetskyiʼs works are known for their artistic references and searches among the modernist European trends, Cubism, which is constantly reflected in the increased expression and the paintings dynamics. L. Perfetskyiʼs works are filled with the creative experience and the genuine realism, which are capable of conveying the truthfulness seen through many decades.

Protection of Peacekeepers Resorting to Armed Force – A Current Dilemma

The protection of peacekeepers and their classification in the categories of international humanitarian law has been a matter of controversy for years. To give peacekeepers some protection, the Safety Convention was established in 1994 and specific protection regulations were included in the Rome Statute of the International Criminal Court in 1998. Nevertheless, neither attacks on peacekeepers nor their (active) involvement in military conflicts have decreased. Therefore, a highly topical dilemma currently occupies the legal department of the United Nations. There are various tasks of peacekeeping operations that are difficult to reconcile. On the one hand, peacekeeping is traditionally achieved through a simple presence in which peacekeepers are not involved in combat operations and are protected as civilians. On the other hand, where peace enforcement involves military coercive means, it may be difficult not to regard the personnel as combatants. The boundaries between these types of mission are fluid. Due to increasingly robust peacekeeping mandates, the question of protection and its legal limits, with regard to possible participation in hostilities, is more acute than ever. Keywords: Peacekeeping Operations, Protection, Safety Convention, Article 8 ICC Statute, Direct Participation in Hostilities, Aggressive Mandate, Self-Defence, Cruz Report

Blurred Lines: Social Media in Armed Conflict

Technological advancements have revolutionised the social interactions of global society and in turn influenced the means and methods of warfare; increasing the involvement of civilians in hostilities, not only as victims but also as participants. Together with the involvement of multiple state and non-state actors, civilian participation makes these modern conflicts all the more unpredictable, challenging inter alia the traditional notion of direct participation in hostilities established under international law.