IHL AND THE PRINCIPLE OF TARGETING IN NON-INTERNATIONAL ARMED CONFLICT: THE BLURRING LINE BETWEEN CIVILIANS AND COMBATANTS

Abstract

The principle of targeting in non-international armed conflict is a cornerstone of International Humanitarian Law, aiming to minimize civilian harm by distinguishing between civilians and combatants. However, in modern conflicts, this line has become increasingly blurred, presenting challenges for the application of IHL. This study examines the principle of targeting in NIAC, the status of both combatants and civilians, and the challenges posed through the interpretation of persons who are directly participating in hostilities. The study adopts the doctrinal methodology and explores the challenges posed by the ambiguous status of individuals participating directly in hostilities and the consequent difficulty in distinguishing them from civilians. Thus, the study finds that the Geneva Conventions and Additional Protocol II provide the legal framework for the principle of targeting in Non-international armed conflict, emphasizing the protection of civilians and the necessity of distinguishing between them and combatants. The study also finds that the International Committee of the Red Cross has issued interpretive guidelines on the definition of participating directly in hostilities, emphasizing the importance of a functional approach that focuses on the actual conduct of individuals rather than their formal status. However, these guidelines are not legally binding, further complicating the application of the principle of targeting in NIAC. This study recommends that there should be the establishment of binding legal frameworks that clearly define and regulates targeting practices during non-international armed conflict given the varied actors involved in NIAC. It concludes that clear, enforceable frameworks are needed for delineating persons directly participating in hostilities.

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urn:uuid:98a8407c-0097-4162-b92c-c0927ff94d9b