Key words:

Direct participation in hostilities, continuous combat function, international humanitarian law, principle of distinction.

Abstract:

This article outlines the contours of the notion of direct participation in hostilities with emphasis on the specific conditions relative to the status of persons engaged in non-international armed conflicts. After the discussion of employment of the principle of distinction in an international armed conflict, the international regime is contrasted with the status of persons participating in a non-international armed conflict. The aim of this article is to discuss suitability of possible interpretations of the notion of direct participation in hostilities in a strict, traditional view (the act-based approach), and in a more liberal way in terms of continuous combat function (functional membership approach).