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Should Mere Direct Participation In Hostilities Be Treated As A War Crime?, Andrea Harrison
Should Mere Direct Participation In Hostilities Be Treated As A War Crime?, Andrea Harrison
Andrea Harrison
This article attempts to argue that acts that constitute mere direct participation in hostilities during armed conflict should not be treated as war crimes, but rather should be criminalized domestically, or addressed through amnesties when appropriate. In order to support this argument, the author looks at both International Humanitarian Law (IHL) and International Criminal Law (ICL) and their respective treatment of direct participation in hostilities. The author then examines offenses within the 2009 Military Commissions Act which would normally be deemed as mere participation in hostilities and compares these to offenses normally found under international law. Finally, the author explains …