“Enemy Controlled Battlespace”: The Contemporary Meaning and Purpose of Additional Protocol I’s Article 44(3) Exception
Journal: CentAUR (University of Reading)
Year: 2018

The contemporary propensity for, and risk of, armed conflict taking place among the civilian population has cast a new light on a number of the long-standing challenges to the application of international humanitarian law (IHL) during modern warfare. One is the determination of combatant status and, more specifically, the question when the general requirement for the combatants to distinguish themselves from the civilian population may exceptionally be attenuated. In order to answer that questio