Seeking Peace in the Aftermath of Transnational Conflicts: How to Rethink Transitional Justice to Address Contemporary Non-International Armed Conflicts

Transnational conflicts, as conflicts that extend beyond the borders of a single state and involve a variety of actors, raise problems of legal classification that could affect the scope of criminal accountability in the aftermath of the conflict. This paper seeks first to examine the existing IHL legal framework in order to determine whether cross-border clashes can be classified as NIACs and, based on changing circumstances, to classify various transnational conflicts in order to determine whether criminal conduct occurring during hostilities can be qualified as serious violations of the rules of IAC or the rules of NIAC under customary IHL. The issue at hand is not only theoretical: a certain classification also results in a different legal regime, which has implications for accountability in case of violations thereof. Thus, the transnational nature of the conflicts being examined intersects with complex questions regarding transitional justice processes in the post-conflict phase. In this respect, several proposals have been made to adapt transitional justice instruments for transnational or regional conflicts. In light of the proposed classification of conflicts, this paper aims to examine the effectiveness of these proposals.