By Karl Olivecrona
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Extra resources for Lenguaje jurídico y realidad
Legal action may be brought in national courts in some states at the present time and, where relevant, before t h e ECtHR. The risk of state officials being prosecuted for a war crime, based upon any international humanitarian law obligation owed to that state's own soldiers, before the courts of another state is likely to be remote while the crimes set out in the Rome Statute 1998 do not cover such activity. Acts which are clearly unlawful, such as wearing civilian clothes whilst carrying out an attack and failing to carry arms openly,76which may place the soldier in a difficult position if captured, give rise to less difficulty.
55 5. Responsibility of the contracting state . . . . . . . . . . . . . . 57 6. Conclusion: privatising a quintessentially public act . . . . . . . . 62 1. INTRODUCTION The modem Law of International Armed conflict4 is principally framed upon a linear notion of warfare. 5 The targeting philosophy underpinning this paradigm is that civilians are to be spared to the greatest extent possible during the course of the conflict. Concomitantly, military force is to be applied in a surgical and economic manner mainly against the sovereign forces of the enemy as well as defined 'military objectives': with the law being relatively comprehensive as to the character of each of these categories.
28 28 Direct participation in hostilities and loss of civilian protection. . . . The meaning of direct participation in hostilities . . . . . . . . . . Direct participation in hostilities the debate as to its limits . . . . . The argument for a third category of 'fighter' under the Direct Participation formula. . . . . . . . . . . . . . . . . . . . . 36 36 39 - The principle of distinction and direct participation in hostilities the case of contractors.
Lenguaje jurídico y realidad by Karl Olivecrona