Schmitt: Deconstructing Direct Participation in Hostilities: The Constitutive Elements

Michael N. Schmitt (Durham Univ. - Law) has posted Deconstructing Direct Participation in Hostilities: The Constitutive Elements (New York University Journal of International Law and Politics, forthcoming). Here's the abstract:

This paper examines one aspect of the ICRC's Interpretive Guidance on the Notion of Direct Participation in Hostilities, the constitutive elements. The constitutive elements address the issue of whether an act by a civilian in hostilities amounts to direct participation, such that he or she loses protection from attack.