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Article

Международно-правовое регулирование статуса добровольных живых щитов

 

Analyzing norms of International humanitarian law, governing the situations when the parties to the armed conflict make use of the human shields, the author draws a conclusion that these persons should be regarded as an exception to several general rules, representing a sui generis case. As a result, they should not be qualified as taking a direct part in hostilities, and the principle of proportionality should be applicable to them, provided that the permissible level of excessiveness of collateral damage can be partly lowered.