Transnational Armed Conflicts: IAC or NIAC – The Lesser of Two Evils?

Characterization of ‘transnational armed conflicts’ as non-international armed conflicts [“NIAC”] or international armed conflicts [“IAC”] often makes more for an interesting oxonian corridor debate, especially when you’ve been taught by Prof. Dapo Akande and Judge Theodor Meron. For the purposes of international humanitarian law, I argue that transnational armed conflicts may be characterized as a classic NIAC. The factual model that I examine is as follows: A belligerent state [B] uses force against a non-state actor [N] on the territory of a territorial state [T]. Armed forces of T are not involved in the conflict and actions of N are not attributable to T. This argument hinges on four grounds: (1) Interpretation of the Geneva Conventions; (2) Rationale for separate legal regimes; (3) Consequential Reasons; and (4) Examination of counter-arguments.