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Transnational Armed Conflicts

An Argument for a Single Classification of Non-international Armed Conflicts

In: Journal of International Humanitarian Legal Studies
Author: Djemila Carron1
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  • 1 co-founder of and lecturer at the Law Clinic on vulnerable people’s rights at the University of Geneva, djemila.carron@unige.ch
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Situations of hostility between States and armed groups located on the territories of other States are difficult to classify because they call into question the categories of international and non-international armed conflicts. This contribution argues for the single classification of non-international armed conflicts of those transnational armed conflicts. The article starts with a clarification on the relevant circumstances for the contribution. The different classifications proposed by scholars, tribunals and States are then examined, leading us to our arguments for a single classification of non-international armed conflicts, and to the test adopted for a rapid categorization of those transnational hostilities. Finally, we mention some important observations and challenges on this topic, like the classification of situations involving at the same time hostilities between a State and an armed group located on the territory of another State and the occupation of the territory of this second State.

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