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Redefining combatants in International Humanitarian Law: targeting military-age males or children

Authors
  • Pichou, Maria
Publication Date
Feb 17, 2014
Source
ORBilu
Keywords
Language
English
License
Unknown
External links

Abstract

The article begins with a concise presentation of the legal rules on the participation and use of children in armed conflicts under IHL, IHRL and ICL, focusing on certain definitional challenges. In so doing, the analysis engages with a critical evaluation of the first judgment of the International Criminal Court in Prosecutor v. Thomas Lubanga Dyilo (henceforth Lubanga), being also the first judgment of an international criminal tribunal convicting a defendant solely on the charge of child recruitment. The article examines whether expanding the scope of children’s active participation in hostilities may result into narrowing their protection under IHL by opening the spectrum of children labeled as combatants and lawful targets. Moreover, as new terms appear in policy documents, the article questions their legal validity and status. Finally, it concludes with a comprehensive approach of the status of the relevant legal provisions in Greece.

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