Direct Participation of Civilians in Hostilities as an Exception to Civilians Immunity in Armed Conflict: A Critical Review

Abstract

Notion of direct participation in hostilities has been a complex and contentious phenomenon within the realm of armed conflict, especially where the armed conflict involves non state armed actors. The notion covers a situation where a person carries out specific acts which by their nature or purpose form part of the conduct of hostilities between parties to an armed conflict. In this circumstance, a person loses his immunity and becomes a legitimate target since he ceases to be harmless. Though it is usual that civilians and civilian objects enjoy immunity against direct attack, but where either of the belligerents is an armed group, there is problem of how to deal with members of such armed groups. This problem emanates from the fact that membership of the armed group is drawn from the civilian population while during armed conflict, the general population is made up of civilians and members of such group, and it creates a problem of identity. Likewise, the problem may also be attributed to lack of legal framework defining the status of members of armed groups and the notion of direct participation in hostilities. Therefore, the article analyses the notion of direct participation with a view to determining when civilian or a member of an armed group loses immunity against attack. 

Key Words: Combatant, Civilian, Hostilities, legitimate Target, Armed Group