Counterterrorism and the risk of over-classification of situations of violence

Abstract Richard Baxter famously stated that “the first line of defence against international humanitarian law is to deny it applies at all”. While “under-classification” remains an issue today, a parallel trend needs be acknowledged. This the tendency over-classify situations violence, especially in relation transnational terrorist organizations such as so-called Islamic State group or Al-Qaeda. stems from practical difficulties inherent changing operational environment. The last few years have witnessed proliferation armed non-State actors are labelled designated terrorists (e.g., Iraq, Syria, Mali, Nigeria and Yemen). Terrorist groups characterized by opaque, often volatile organizational structures tend operate decentralized networks rather than clear hierarchies. formation splinter groups, alliances, temporary reunification even open hostility among former allies common phenomena. complex factual situation has led theories conflict classification, many them arguing favour more flexible classification via loosening existing standards. Because respects less protective human rights law, particularly regarding rules on use force detention, classifying violence when threshold not been met problem should underestimated. In this article, we revisit criteria intensity organization, well related matter role motives considering conflicts involving described terrorists. Our goal identify minimum requirements could diminish risk over-classification various stakeholders.