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An evaluation of the meaning and practical implications of the concept of direct participation in hostilities
Thesis (LLD)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613470511333376 |
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| access_status_str | Open Access |
| author2 | Botha, C.J. (Christo J.) |
| author_browse | Botha, C.J. (Christo J.) |
| author_facet | Botha, C.J. (Christo J.) |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53198 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:39.766Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53198 An evaluation of the meaning and practical implications of the concept of direct participation in hostilities Botha, C.J. (Christo J.) avancoller@ufh.ac.za Van Coller, Arthur UCTD Law theses SDG-10 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions Law theses SDG-16 Law theses SDG-16 Thesis (LLD)--University of Pretoria, 2015. The regulatory structure created by the Law of Armed Conflict ( LOAC ) incorporates terms and concepts that, on initial scrutiny, appear uncomplicated but their meaning and practical application has proven to be highly contested and ambiguous. The notion of Civilian Direct Participation in Hostilities ( C-DPH ), found, arguably, in Common Article 3 of the Geneva Conventions of 1949 ( GC s ) and explicitly in Additional Protocol I of 1977 ( API ), Article 51(3) and Additional Protocol II ( APII ), Article 13(3), is one such concept. C-DPH is a cornerstone concept in LOAC on the conduct of hostilities and has attained the status of customary international law. This is based on the assumption that, on a conceptual level, civilians should be protected from intentional attack unless, and for such time , as they directly participate in hostilities . However, despite the serious practical and legal consequences resulting from C-DPH, neither the GC s nor the AP s define the concept, nor do they outline the actions that amount to C-DPH. C-DPH in asymmetrical hostilities, as a result, currently elicits more disagreement than assent and its novelty creates confusion due to analytical limitations. A universal, comprehensive and practical definition of C-DPH will be useful as LOAC rights can only be comprehensively understood when the meaning and content thereof is defined and clear. The ICRC has produced an Interpretative Guidance on C-DPH but could not publish the document by consent with LOAC experts. There is thus scope for the development of LOAC relevant to C-DPH based on a holistic interpretation thereof, which should include reference to the relevant LOAC instruments, customary LOAC, State practice, judicial reasoning, expert analysis and reference to human rights on the interpretation of C-DPH. Public Law LLD Unrestricted 2016-06-14T09:45:23Z 2016-06-14T09:45:23Z 2016-04-14 2015 Thesis Van Coller, A 2016, An evaluation of the meaning and practical implications of the concept of direct participation in hostilities , LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53198> A2016 http://hdl.handle.net/2263/53198 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law theses SDG-10 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions Law theses SDG-16 Law theses SDG-16 An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title | An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title_full | An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title_fullStr | An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title_full_unstemmed | An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title_short | An evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| title_sort | evaluation of the meaning and practical implications of the concept of direct participation in hostilities |
| topic | UCTD Law theses SDG-10 SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions Law theses SDG-16 Law theses SDG-16 |
| url | http://hdl.handle.net/2263/53198 |