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Journal of International Criminal Justice Advance Access originally published online on March 30, 2007
Journal of International Criminal Justice 2007 5(2):332-338; doi:10.1093/jicj/mqm007
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Editorial Comments

The Targeted Killings Judgment and the Scope of Direct Participation in Hostilities

William J. Fenrick*

* Dalhousie University Law School, formerly Senior Legal Adviser in the Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia. [ wfenrick{at}eastlink.ca]


  Abstract

The Judgment is the first in depth analysis of the notion of direct participation in hostilities in International Humanitarian Law. This notion encompasses the direct participation by civilians in hostilities in a broad variety of circumstances, ranging from full-time membership and participation in the activities of a group which is regularly engaged in attacks directed against a state or its citizens to participation in a single attack directed against the armed forces of the state. The Judgment focuses on activities at the high end of the spectrum. As such, it makes a very helpful contribution to thinking about the notion, particularly because of its emphasis on safeguards to ensure that attacks are proportionate, subject to external review and directed against persons who actually belong to such groups.

The views expressed in the comment are solely those of the author.


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