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National Repository of Grey Literature 1 records found  Search took 0.01 seconds. 
A contemporary examination of the principle of distinction in international humanitarian law
 Paluka, Adriana ; Lipovský, Milan (advisor) ; Urbanová, Kristýna (referee)
A contemporary examination of the principle of distinction in international humanitarian law Abstract This thesis is discussing current problematic topics on the application of rule of distinction, which are related to a civilianization of armed conflicts. One of these issues is a system of dichotomy between combatants and civilians established by the Geneva Conventions and their Additional protocols. The professional society is currently divided regarding the possibility of introducing a new third category of so-called unlawful combatants. This thesis introduces different views on this issue, on the legal status of persons belonging to this category and brings a debate on the necessity of abandoning the established conservative approach of dichotomy. One of the other fundamental problems currently complicating the application of the rule of distinction is the issue of direct participation in hostilities by civilians, which leads to loss of theirs otherwise guaranteed immunity against targeted attacks. Norms of codified international humanitarian law however regard this topic superficially. The ICRC in its efforts to facilitate an interpretation of these norms published an "Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law", which was however...
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