The Changing Character of the Participants in War: Civilianization of Warfighting and the Concept of 'Direct Participation in Hostilities

• Author: Charles Garraway
• Position: Associate Fellow at Chatham House on the International Security Programme and a Fellow of the Human Rights Centre, University of Essex
• Pages: 177-186

VII

The Changing Character of the Participants

in War: Civilianization of

Warfighting and the Concept of "Direct

Participation in Hostilities"

Charles Garraway*

Thefact that the nature of conflict has changed is not in dispute. The question

that is being asked is how this has affected the traditional law of armed con-

flict, particularly as it has developed in the modern era. Modern codification of the

law began almost simultaneously on opposite sides of the Atlantic. In the United

States, during the Civil War, Dr. Lieber drafted the Lieber Code, 1designed for the

Unionist forces. Meanwhile, in Europe, Henry Dunant, following his experience at

the Battle of Solferino, was working to fulfill his dream of providing succor to the

victims of armed conflict. The first emanation of this was the Geneva Convention

of 1864.2

What was of particular interest in both these initiatives is the emphasis on those

who took adirect part in hostilities. In both Europe and the United States, conflict

was restricted to defined geographical areas. The limits on the range of weaponry

meant that this could be so. Thus there was, for the most part, aclear distinction

*Associate Fellow at Chatham House on the International Security Programme and aFellow of

the Human Rights Centre, University of Essex.