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The three criteria for direct participation in hostilities - YouTube
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we know that civilians are protected
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against attacks however they may lose
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their protection when they directly take
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part in austerities according to the
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ICRC three elements must be fulfilled in
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order to conclude that a civilian has
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directly taken part in austerities the
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first element is that the action of the
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Sirian must be likely to cause harm the
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term likely includes acts that
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ultimately failed to cause harm such
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likely harm is twofold it may consist
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first in any consequence adversely
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affecting the military operations or
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military capacity of a party to the
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conflict the RTR see includes in that
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regard
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not only attacks against enemy personnel
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or goods but also other types of actions
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such as restricting or disturbing enemy
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deployment interception of enemy
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communications and transmission of
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targeting information for an attack the
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likely harm caused by an action can also
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consist in any death injury or
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destruction of a person's or objects
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protected against attacks including
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civilians and civilian objects the
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targeting of civilians by a civilian
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sniper or the government of civilian
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areas may fall into that category
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however harm to civilian population
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which will not consist in death injury
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or destruction excluded from the
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definition this is the case even if they
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result in a mistreatment of the civilian
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population and thus will be prohibited
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under a charlief carried out by armed
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forces like the arrest and deportation
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of civilian populations
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the second general requirement
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identified by the our CRC is that there
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is a direct causation between the act
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and the resulting harm this means
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according to the RC RC that the harm in
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question must be brought about in one
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causal step acts which merely enable or
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enhance the capacity to cause armed
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excluded from the definition of
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participation in austerities those acts
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that fall under what may be called the
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general war effort I referred to as
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indirect participation
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they include working in an armaments
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factory or providing one party to the
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conflict with supplies and services
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outside of the context of a specific
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military operation the RCR see clearly
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distinguish the causal proximity of an
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act with the resulting harm from
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temporal and geographic proximity a
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belligerent may use means of war which
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have delayed effects such as mines or
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booby traps or which are controlled
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remotely such as unmanned aircraft
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however geographical or temporal
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proximity to the resulting harm does not
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constitute an autonomous criterion for
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determining whether the act amounts to
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direct participation in austerities it
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may only serve as an indicator of the
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direct causation between the act and the
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resulting harm the RZR see also
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addresses two situations of
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interconnected acts the first consists
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of several acts connected by an
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interrupted chain of causality that
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result in harming the adversary or the
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protected persons or good an example of
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this is the assembly and storage of an
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improvised explosive device in this
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situation only the final act
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maybe considered to be a direct
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participation in austerities the other
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situation of intercalated acts concerns
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collective mitri operations that
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directly cause harm such as attacks by
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unmanned aerial vehicles which often
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employ civilian contractors one
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operation may indeed involve several
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persons although acts of those person do
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not amount to direct participation in
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austerities if they are taken
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individually the requirement of direct
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causation is satisfied if those acts
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constitute an integral part of one
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coordinated operation the last and third
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criterion considered by the rclc
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is the belligerent Nexus the act must be
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closely related to the austerities and
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constitute an integral part of those
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austerities it must be performed in
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order to support a party to an armed
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conflict to the detriment of the other
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this allows two distinguishing ordinary
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violence from violence linked to an
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armed conflict concerned by military
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realities the rtrc provides that such an
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exist must be objectively assessed in
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light of the design of the act
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regardless of the intention of the
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individual
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