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

Israel Law Review, Vol. 42, p. 46, 2009

34 Pages Posted: 3 Sep 2008 Last revised: 9 Jun 2015

Geoffrey S. Corn

South Texas College of Law

Eric Talbot Jensen

Brigham Young University School of Law

Date Written: August 25, 2008

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

Suggested Citation

Corn, Geoffrey S. and Jensen, Eric Talbot, Transnational Armed Conflict: A 'Principled' Approach to the Regulation of Counter-Terror Combat Operations (August 25, 2008). Israel Law Review, Vol. 42, p. 46, 2009. Available at SSRN: https://ssrn.com/abstract=1256380

Geoffrey S. Corn (Contact Author)

South Texas College of Law ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

Eric Talbot Jensen

Brigham Young University School of Law ( email )

504 JRCB
Provo, UT 84602
United States

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