The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis

Civilians who directly participate in hostilities lose their protection from attack for such time as they so participate. Additionally, they neither factor into proportionality calculations nor need be considered when taking “precautions in attack”. The principle reflects both treaty and customary international law. In 2009, the International Committee of the Red Cross released the interpretive guidance on the notion of direct participation in hostilities. This chapter critically analyzes the guidance, pointing out both its strengths and weaknesses. In doing so, it addresses four key questions: (1) Who qualifies as a civilian? (2) What acts constitute “direct participation”? (3) When does the notion apply? and (4) Do any further restrictions on attack attach to application of the rule?