Academic

Corn & Jensen on Regulating Counter-Terrorism Combat

By Lawrence Solum

Geoffrey S. Corn and Eric Talbot Jensen (South Texas College of Law and Judge Advocate General's Corps, U.S. Army) have posted Transnational Armed Conflict: A 'Principled' Approach to the Regulation of Counter-Terror Combat Operations on SSRN. Here is 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 opreations reveals the existence of such armed conflicts. This article focusses on the key law of armed conflict principles that should apply in such situtations 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.

Full post as published by Legal Theory Blog on September 03, 2008 (boomark / email).