Admission requirements
Basic understanding of public international law and / or the sociological aspects of armed conflicts and justice. Participants should read the required literature before class.
Description
The following questions will be dealt with:
What is war and when does it start and end?
What is a non international armed conflict?
What laws do exist to protect victims of war and restrain methods and means of war?
How can the law be understood and identified?
Who is benefiting from these laws under what circumstances?
What rules do exist for those fighting?
Does the so called unlawful combatant exist?
What rules do protect civilians against the effect of hostilities?
What objects can be lawfully attacked?
When and how had international criminal law be developed?
What are its main rules and the system to guarantee justice in war?
How do the Courts and Tribunals function?
Which war crimes cases have been fundamental in the development of specific elements of icl?
What are the main lessons from the ICTY/ICC practice?
Course Plan:
A. THE DEVELOPMENT OF IHL SINCE 1864 AND ITS PRESENT RELEVANCE
- Definition and elements of IHL
- Types of treaties, armed conflicts, terrorism and the applicable treaty law
- The importance of customary law for all types of armed conflicts
- The ICRC-Customary Law Study
- Beginning of armed conflicts and end of armed conflicts
- Non-international Armed Conflicts: Beginning and end
- Internationalized Armed Conflicts
- Application of specific rules in Peace Time
- Principle of distinction: Combatants and Civilians
- Other principles
- Combatant status and Authorization to take part in hostilities and requirements according to API and GC III
- Protected persons under Geneva Convention IV
B. PROTECTION OF PERSONS IN THE POWER OF A PARTY TO THE ARMED CONFLICT
- The different groups of victims: Wounded and sick, POWs, civilians
- Military, political and humanitarian aspects of protection of victims
- Common article 3 of the Geneva Conventions as minimum standard
- The rules of Geneva Convention III for the protection of POWs
- The rules of Geneva Convention IV for the protection of detained persons
- The jurisprudence of the ICTY regarding inhuman treatment and torture
- The rights of detained persons in legal proceedings
C. THE PROTECTION OF THE CIVILIAN POPULATION AND CIVLIAN OBJECTS AGAINST ATTACKS AND THE EFFECTS OF HOSTILITIES
- Development of the protection of the civilian population and the general protection for civilians according to GC IV
- Definition of civilian population and protection against direct attacks
- Definition of military and civilian objects
- The prohibition of indiscriminate attacks in Art. 51 para.4/5
- The loss of protection as a result of direct participation in hostilities
- Criteria for loss of protection: Support functions or/and participation
- Situations for loss of protection
D. THE WAR ON TERROR AND IHL
- “War on Terror” as armed conflict
- Combatant status and Authorization to take part in hostilities and requirements according to API and GC III
- Art. 44 and 5 of GC III
- Art. 44 – 47 AP I
- Civilians participating in hostilities
- The <del>Unlawful Combatants</del> concept and the Israeli Supreme Court decision of December 2006
E. PUNISHMENT OF CRIMES OF CONCERN TO THE INTERNATIONAL COMMUNITY (WAR CRIMES AND OTHER CRIMES)
- The Establishment of Special Courts and Tribunals to punish international crimes
- From Nuremberg and Tokyo to the ICC: Historical development and differences in the decision making
- Jurisdiction of the Courts and the question of universal jurisdiction
- Responsibility: Command Responsibility and Superior orders
- Jurisdiction and Procedure of the ICC
- ICC procedures
- Role and jurisdiction of national courts
- Classification of international crimes and War Crimes in the Rome statute
- Selected War Crimes Cases
Course objectives
Objectives of the course
This course will provide a basic knowledge of international humanitarian law (IHL) and fundamental aspects of international criminal law (ICL) in the context of past wars and conflicts. It will refer also to specific conflicts such as the Gaza, Iraq, Afghanistan, Lebanon and Sudan and the functioning of international courts such as ICTY, ICC and the Special Tribunal for Sierra Leone.
It will focus on
- the protection of human beings in international and non-international conflicts
- international terrorism and IHL-rules
- the criminal prosecution of war crimes and crimes against humanity
Achievement levels
The following achievement levels apply with regard to the course:
Participants will understand the system of international humanitarian law, the interpretation of IHL treaties and identification of customary IHL-law and the interdependence between IHL and ICL.
Timetable
See: workgroup schedules
Mode of instruction
Seminars
Five four-hour classes in five weeks
Instructor: Prof. Dr. H. Fischer
Assessment method
Examination form(s)
Written exam (English)
Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course and the subjects taught in the lectures.
Blackboard
More information on this course is offered on Blackboard.
Reading list
Obligatory course materials
Literature:
F. Kalshoven/L. Zegveld, Constraints on the waging of war, ICRC, Geneva (available on www.icrc.org)
Additional literature and case law to be announced on Blackboard
Course information guide:
Course outline; available on Blackboard
Reader:
None
Recommended course materials
None
Registration
Enrollment for this course is possible via uSis.
Contact information
Co-ordinator: Mr. Dr. Erik V. Koppe
Work address: Steenschuur 25, room B1.29
Contact information: via e-mail
Telephone number: 071-527 7578 (secretary)
E-mail: e.h.uiterweerd@law.leidenuniv.nl
Institution/division
Institution: Public Law
Division: Public International Law
Room number secretariat: B1.21
Opening hours: 9.00-17.00 hrs
Telephone number secretariat: 071-527 7578
E-mail: e.h.uiterweerd@law.leidenuniv.nl