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Transnational Armed Conflicts
An Argument for a Single Classification of Non-international Armed Conflicts
In: Journal of International Humanitarian Legal StudiesSituations 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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3
Milanovic and Hadzi-Vidanovic, supra note 2, at 267–272; Kritsiotis, supra note 2, at 268–270; E. David, Principes de droit des conflits armés (2012), at 118.
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27
Milanovic and Hadzi-Vidanovic, supra note 2, at 303–304; Sivakumaran, supra note 11, at 228–229.
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32
Milanovic and Hadzi-Vidanovic, supra note 2, at 274.
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37
See for instance also Corn, supra note 8, at 307, 313–314.
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62
Since 2014, the United States, as well as other States, has intervened in Iraq and Syria against the Islamic State, mainly through airstrikes. For instance, on 18. August 2015, the United States killed a leader of Islamic State, Fadhil Ahmad al-Hayali, in northern Iraq. See ‘Islamic State “deputy” killed in air strike, us says’, bbc News, 21 August 2015, http://www.bbc.com/news/world-us-canada-34022583 (last accessed 10 June 2016). Iraq’s consent and Syria’s lack of consent for those United States attacks have no influence on the qualification of the conflict. Regarding the categorization of the violence if United States troops are deployed on the ground in those two countries, see infra, section 5.5.
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75
See Kolb, supra note 4, at 159–160.
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97
Corten, supra note 67, at 84–99; R. van Steenberghe, La légitime défense en droit international public (2012), at 223–228.
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112
See Paulus and Vashakmadze, supra note 10, at 113–115; Hoffmann, supra note 23, at 253–254.
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Transnational Armed Conflicts
An Argument for a Single Classification of Non-international Armed Conflicts
In: Journal of International Humanitarian Legal StudiesSituations 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.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 765 | 255 | 23 |
| Full Text Views | 310 | 14 | 4 |
| PDF Views & Downloads | 112 | 37 | 8 |