Reaffirming the Role of Human Rights in a Time of "Global" Armed Conflict

Jonathan Horowitz reviews the notion that there can be a 'global' non-international armed conflict ('global NIAC') under international law in which an enemy fighter could be targeted by the state that is the victim of an attack by non-state actors anywhere he or she travels in the world. The essay highlights several consequences of recognizing such a global NIAC, including incidental civilian harm and destruction of civilian property, to conclude that the very existence of a global NIAC violates international law, particularly as it pertains to the rights of the territorial state. As a result, states subjects to attack must rely upon international law concepts other than a global NIAC to justify their extraterritorial use of force. The essay details several alternative legal avenues that would be permissible under international law that states may use to defend themselves from violent non-state groups.