The Applicability of International Humanitarian Law to “Transnational” Armed Conflicts

Abstract

States are increasingly involved in violent conflicts with non-state actors. This new situation challenges the classical distinction of international humanitarian law (IHL) between international and non-international armed conflicts. However, it does not lessen the importance of IHL. The essence of this body of law – to protect civilians and those out of combat and to lessen unnecessary harm during armed conflict – remains the same. This paper examines the question as to what extent the existing body of humanitarian law applies to transnational conflicts.