Unlawful Combatants

This video explores the contentious concept of ‘unlawful combatancy’ in IHL. It clarifies that IHL doesn’t have a clear-cut definition for an unlawful combatant, typically seen as the opposite of a lawful combatant. The lecture discusses the criteria for lawful combatants, as outlined in the Third Geneva Convention and Additional Protocol I, emphasizing rights like combatant immunity and protections as prisoners of war. It also examines the post-9/11 creation of the ‘unlawful combatant’ by the US, a category allowing certain civilians to be targeted and denied prisoner-of-war status. Despite this, the video underscores that such individuals are still entitled to basic human rights protections under IHL.

  • Interpretive Guidance on the Notion of Direct Participation in Hostilities under IHL, (ICRC, 2009)
  • Public Committee against Torture in Israel v Government of Israel (the ‘Targeted Killings Case’) 2007 ILM 375 (noted by Naftali and Michaeli, 2007 AJIL 459) (paras. 24-40).
  • Akande, ‘Clearing the fog of war? The ICRC’s interpretive guidance on direct participation in hostilities’ (2010) ICLQ 180.
  • Schmitt; ‘The Interpretive Guidance on the Notion of Direct Participation in Hostilities: A Critical Analysis’ (2010) 1 Harvard National Security Journal.
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