Corn & Jensen: Transnational Armed Conflict: A "Principled" Approach to the Regulation of Counter-Terror Combat Operations

Geoffrey S. Corn (South Texas College of Law) & Eric Talbot Jensen (Judge Advocate General's Corps, U.S. Army) have posted Transnational Armed Conflict: A "Principled" Approach to the Regulation of Counter-Terror Combat Operations. Here's the abstract:

This article asserts that counter-terror military operations should be regulated by fundamental principles of the law of armed conflict. It builds on prior articles asserting an emerging category of transnational armed conflict: conflict between states and non-state groups outside the territory of the state. These prior articles have explained why such a category of armed conflict must be recognized and how the nature of the authority invoked by a state in the conduct of such operations reveals the existence of such armed conflicts. This article focuses on the key law of armed conflict principles that should apply in such situations to regulate the application of combat power and the treatment of non-combatants. It acknowledges that this is only the first step in developing a body of regulatory norms applicable to such armed conflicts, but also points out the correlation between this proposed process and the development of the law applicable to internal armed conflicts.