Vakt för sitt land : Om moderna problem med civilas direkta deltagande i fientligheter

Sammanfattning

This paper focuses on international humanitarian law and specifically the rule on civilian direct participation in hostilities. The rule, which permits attacks on civilians, was established following the introduction of the first two additional protocols to the Geneva Conventions. Originally, the idea was to counter increased usage of guerilla soldiers in armed conflicts, and this ‘attacking perspective’ has shaped most of the scholarly debate up to this point. The most regular points of contention have surrounded what constitutes participation in hostilities and for how long a civilian can be said to be taking part in such. However, with the development of new technologies incorporating everyday items such as telephones, the notion of direct participation in hostilities has evolved. This has been seen in Ukraine where civilians since the 2022 Russian invasion have used chatbots and phone applications to alert the Armed Forces of Ukraine on enemy activity. This raises the question of how well the arguments and opinions which have shaped debate fit into this modern, digitalized context. The author argues that views from both sides of the debate can be applied to mobile usage, even though some points of doubt linger. Despite this, the author finds that a new rule is required to minimize the risk for mistakes as well as the possibility of convincingly justifying arbitrary orders. This new rule should appropriately focus on the means of participation rather than the likely harm, intent or direct causation.