Reference : Redefining combatants in International Humanitarian Law: targeting military-age males...
Scientific Presentations in Universities or Research Centers : Scientific presentation in universities or research centers
Law, criminology & political science : European & international law
Redefining combatants in International Humanitarian Law: targeting military-age males or children
Pichou, Maria mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
ΝΑΤΟ NRDC-GR Legal Conference ‘Evolution of the Law of Armed Conflicts; combining practitioners and academic perspective’
[en] combatant ; international humanitarian law ; Geneva Conventions
[en] 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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