Transnational Armed Conflict: A 'Principled' Approach to the Regulation of Counter-Terror Combat Operations

Abstract

This article asserts that counter-terror military operations should be regulated by fundamental principles of the law of armed conflict. It builds on prior articles asserting an emerging category of transnational armed conflict: conflict between states and non-state groups outside the territory of the state. These prior articles have explained why such a category of armed conflict must be recognized and how the nature of the authority invoked by a state in the conduct of such operations reveals the existence of such armed conflicts. This article focuses on the key law of armed conflict principles that should apply in such situations to regulate the application of combat power and the treatment of non-combatants. It acknowledges that this is only the first step in developing a body of regulatory norms applicable to such armed conflicts, but also points out the correlation between this proposed process and the development of the law applicable to internal armed conflicts.

Keywords: International law, the law of armed conflict, terrorism, extraterritorial law enforcement, national security law, military operations, the law of war, al Qaeda

JEL Classification: K10, K33