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Transnational and Non-State Armed Groups: Legal and Policy Responses

July 2005 - present

This project aims to develop and stimulate new research into how the increasingly prominent role played by transnational and non-state armed groups is changing the landscape of warfare and challenging traditional understandings of the laws of war.

As a collaboration between the Program on Humanitarian Policy and Conflict Research (HPCR) at Harvard University and the Graduate Institute of International Studies in Geneva (HEI), the project seeks to examine three discrete strands of how transnational and non-state armed groups are changing the nature of warfare and how states are responding to these new threats:

Metamorphosis of war - How does violent conflict between states and transnational non-state armed groups differ from more traditional state-based warfare? What are the characteristics of asymmetric conflicts? What is the impact of such conflicts on the law of war? In what respects (if any) do transnational and non-state armed groups heed the limitations on the means and methods of warfare set by the law of war?

Limitations of the current law of war - What means exist under the current law of war for regulating these asymmetric conflicts? How relevant to the monitoring and regulation of these conflicts is the legal definition of an "armed conflict" as delineated under international humanitarian law?

Strategic responses for compliance and international security - What diplomatic, military, and legal responses might be the most effective in coping with the challenges posed by transnational and non-state armed groups? What options exist for increasing compliance by transnational and non-state armed groups?

This initiative draws on the research capacities and local networks of both organizations to foster collaboration and discussion of the project's core research areas among the relevant policy and academic communities.

The project will develop a dedicated internet portal to provide a forum for research and networking on this topic. The objective is to share research internationally and stimulate further discussion among scholars and policy-makers in order to understand how the strategies employed by transnational and non-state armed groups, and the response by state actors, are changing the international political order. The portal is slated for launch in early 2007.

 
Related Publications
Transnationality, War and the Law - Roundtable Report - Apr 2006 (PDF)
"Al-Qaida : une guerre non lineaire," a contrario vol.3 (Mohammad-Mahmoud Ould Mohamedou) - Dec 2005 (PDF)
"Time to talk to Al Qaeda?" Boston Globe/International Herald Tribune (op-ed by Mohammad-Mahmoud Ould Mohamedou) - Sep 2005 (HTML)
Non-Linearity of Engagement: Transnational Armed Groups, International Law, and the Conflict between Al Qaeda and the United States - Jul 2005 (PDF)
Related Events
"Identifying and Regulating New Types of Conflict and Actors" Third Annual Conference Hague Academic Coalition (The Hague, April, 2006) Agenda (PDF)
An international roundtable on the Transformation of Warfare, International Law, and the Role of Transnational Armed Groups (Geneva, October 2005) Agenda (PDF) Read the report (PDF)
Related Events
Seminar: Transnational and Non-State Armed Actors: Legal and Policy Challenges

Hosted by the Radcliffe Institute for Advanced Study at Harvard University

March 9-10, 2007