The legal nature of transnational armed conflict: in the context of non-international armed conflict

Document Type : Original Article

Authors

1 Department of Law, Qom Branch, Islamic Azad University, Qom, Iran.

2 Associate Professor, Department of International Law, Qom University, Qom, Iran.

Abstract

Nowadays, by emerging new Actors in the name of Non-State Armed Groups (Transnational Armed Groups) in worldwide, the nature of Conflicts has been changed and transformed; so that, concept of traditional division of conflict to Non-International Armed conflict and International Conflict has been confronted by challenges. Determining of Armed Hostilities between States and such Groups which are based in territory of other states caused difficulties regarding to classification of these Conflicts and raises the question that in which category of conflicts (International, Non-International, Internationalized, International and Non-International or qua Non- International) it should be classified. Should the substantive rules referred in Common art.3 and APII of Geneva Conventions transformed to Customary Law; then, its content shall be applicable to Extraterritorial Armed Conflicts against Non-State Armed Groups. However, formal aspect of Non-International Armed Conflict definition does not change easily in customary law, but its concept for International Humanitarian Law, referred in International Documents for such conditions, can be applied through International Customary Law. By matching of different types of conflicts with conflicts between States and Transnational Armed Groups, it is possible to achieve this conclusion that such conflicts don't placed in the type of IAC, NIAC and Internationalized Armed Conflicts; but, it can be considered as »qua None State Armed Conflicts«.

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