Transnational Conflicts: Issues of Legal Classification

Abstract

This article aims to analyze the complex international legal aspects of transnational armed conflicts, a subject of growing significance in contemporary global security. The study presents prominent views from international legal doctrine alongside critical positions articulated in the case law of international tribunals. It thoroughly examines scientific proposals regarding military operations that involve a transnational element, while addressing the persistent inconsistency in the terminology used to define these engagements. Furthermore, the article evaluates the arguments of legal scholars regarding how these conflicts should be categorized within the existing framework of international law. Specifically, it contrasts the perspectives of those who argue that transnational armed conflicts constitute a distinct, new category of conflict against those who classify them as subcategories of either international or non-international armed conflicts. Additionally, it elucidates the "parallel model" in the application of international humanitarian law, demonstrating how multiple legal frameworks can operate simultaneously. For the approach that categorizes transnational conflicts as non-international, the article specifies the exact legal regime applicable to them, taking into full account their unique geographic and territorial scope. Ultimately, this comprehensive examination offers valuable clarity for interpreting international humanitarian law in modern combat scenarios.