Transnational Conflicts: Issues of Legal Classification

Abstract

The article aims to analyze the international legal aspects of transnational armed conflicts. The article presents the most important views of international legal doctrine on transnational armed conflicts, supplemented by positions expressed in the case law of international tribunals. It examines scientific proposals regarding military actions that contain a transnational element and can be considered such conflicts, while also noting the inconsistency in how these conflicts are named. The article provides arguments from supporters of different approaches to placing these conflicts within the framework of international law: those who regard them as a new type of armed conflict, and those who classify them as a subcategory of either international or non-international conflicts. In addition, it explains the so-called parallel model in the application of international humanitarian law. In the case of the approach that considers transnational conflicts as non-international ones, the article specifies which legal regime governing non-international conflicts can be applied to them with due regard to their specific territorial scope