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IJ
Admissions requirements
Principles of Public International Law
Description
International Humanitarian Law (“IHL”) (also known as “The Law of Armed Conflict” or “The Law of War” or “Jus in Bello”) regulates the conduct of soldiers and their commanders during wartime. IHL attempts to balance the principle of “Military Necessity,” i.e. the requirement that soldiers do their jobs so that armies can win battles and wars, and the principle of “humanity,” which attempts to reduce the suffering caused by war.
Thus, IHL sets legal standards that attempt to regulate hostilities and protect innocent persons “amid the ambiguity and brutality of combat.” For example, no moral person would accept the mistreatment or execution of prisoners, deliberate attacks on civilians, or the destruction of civilian property. Much of warfare, however, is gray, rather than black-and-white. Difficult decisions must be made about the amount of acceptable “collateral damage” to civilians under IHL. What kinds of precautions must soldiers take before launching an attack that may injure civilians? If a civilian briefly picks up a weapon, can he or she be a lawful target? Are commanders always responsible for war crimes committed by their subordinates? How do law, policy and military imperatives combine to produce the difficult decisions that soldiers and commanders must make in the battlespace?
This course will use realistic examples to assist readers to understand not only how law is supposed to regulate armed conflict, but also how the law is applied during the chaos and stress of combat. Thus, the course combines theory and practice to illuminate issues and challenges that are alive today in places as diverse as Iraq, Syria, Gaza, Yemen and Mali.
Course objectives
Skills:
Conduct research on issues and cases in the area of IHL
Apply IHL to complex contemporary scenarios and challenges
Write a qualitative legal paper on issues or cases necessitating the reviewing and application of IHL
Orally defend legal arguments relating to IHL issues by way of a moot court exercise
Knowledge:
Understand and interpret the law and principles that govern the conduct of war (IHL)
Identify the current challenges faced by IHL .
Critically reflect on the successes and failures in current (and past) efforts to Improve adherence to IHL principles in national and/or international context.
Timetable
Once available, timetables will be published in the e-Prospectus.
Mode of instruction
This course combines lectures with class discussions and reflections on current armed conflicts. Two weekly interactive seminars--and their preparation--will provide you with the opportunity for thoughtful participation in class discussions.
Written work (a 1000 word essay at the end of week 2 and one newspaper article analysis in week 5) will give you the opportunity to demonstrate your ability to conduct research by applying your improved skills and knowledge to this interdisciplinary field as well as your critical appreciation and effective application of the principles and rules of IHL.
Your oral legal argumentation and pleading skills will be further refined through a moot court exercise (week 4 and/or week 6) .
Through a final exam, your capacity to apply the principles and rules of IHL to real or fictitious cases will be further challenges and assessed.
Assessment
- In-class participation – 10% – Ongoing Weeks 1-7
Individual written assignments
*1000 word essay – 20% - Week 2
*analysis of a newspaper article, 20% - week 4
*Moot court – 15% - week 4 and/or week 6
*Final exam – 35% – Week 8
Please note:
In accordance with article 4.8 of the Course and Examination Regulations (OER), within 30 days after the publication of grades, the instructor will provide students the opportunity to inspect their exams/coursework.
There is a no re-sit policy at Leiden University College.
Blackboard
There will be a Blackboard site available for this course. Students will be enrolled at least one week before the start of classes.
Reading list
In order to allow for the use of up-to-date sources and a focus on current affairs, no fixed textbook will be used for this course. The required readings will be provided for on blackboard.
Registration
This course is open to LUC students and LUC exchange students. Registration is coordinated by the Education Coordinator. Interested non-LUC students should contact course.administration@luc.leidenuniv.nl.
Contact
h.cuyckens@luc.leidenuniv.nl