Protecting civilians during the fight against transnational terrorism : applying international humanitarian law to transnational armed conflicts
Host item entries:
Canadian yearbook of international law, Vol. 46, 2008, p. 241-305
This article explores how IHL may apply to protect innocent civilians during the fight against transnational terrorism. To achieve the goal of allowing states to protect their populations from the threat of terrorism while respecting the rule of law and the rights of individuals, it is argued that, while IHL should remain applicable only to armed conflicts it must evolve so that it clearly applies to "transnational" armed conflicts. Rather than recognizing a new third category of armed conflict to cover these situations, it is argued that non-international armed conflicts should be understood as a residual category that regulates all armed conflicts to which the parties are states and/or their agents.