Tags
IJ, GJ
Admissions requirements
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, Ukraine, Colombia and the Democratic Republic of Congo.
*_The Law of Armed Conflict: An Operational Approach_, Geoffrey Corn, et. al. eds. Wolters Kluwer, 2012, p. xxi.
Course objectives
This course will provide students with a solid understanding of the theory and practice of IHL. Students will understand and interpret the law and foundational principles that govern the conduct of war. Students will also develop the ability to identify and think critically about ethical, political and military issues that influence the application of IHL during wartime.
After completion of this course you will be able to:
Research and analyse specific cases which require the review and application of IHL;
Discuss compliance with IHL in the broader context of modern armed conflict and critically evaluate the actions or omissions of particular actors;
Identify and examine successes and failures in current (or past) efforts to improve adherence to IHL principles in national and/or international contexts; and
Investigate, articulate and contextualise options available to secure greater compliance with IHL obligations by states and non-state actors (e.g., in terms of prevention, punishment and/or reparations for violations of IHL).
Timetable
Once available, timetables will be published here.
Mode of instruction
This course combines class discussions with lectures and “moot court” debates based on hypothetical scenarios as well as the decisions of the International Court of Justice, the ad-hoc International Criminal Tribunals and the permanent International Criminal Court. Accordingly, two weekly interactive seminars – and their preparation – will provide you with the opportunity for thoughtful participation in class discussions and mock courtroom debates, based on the careful analysis of required readings and group work. Written work (two 1000 word essays due at the end of week 3 and week 6, respectively, and a 3000 word final essay due at the end of week 8) will give you the opportunity to demonstrate your critical appreciation and effective application of the principles and rules of IHL, as well as your ability to conduct research by applying your improved skills and knowledge to this interdisciplinary field. To that effect, your oral debate and written essays will address complex IHL challenges, past, present or in the future.
Assessment
In-class participation, 10%, ongoing weeks 1-7;
Two moots courts, 20% (10% per moot court), weeks 4 and 7;
Two short essays (1000 words), 40% (20% per essay), weeks 3 and 6;
Final research essay (3000 words), 30%, week 8.
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
Geoffrey Corn, et. al. The Law of Armed Conflict: An Operational Approach, Wolters Kluwer, 2012.
Registration
This course is open to LUC students and LUC exchange students. Registration is coordinated by the Curriculum Coordinator. Interested non-LUC students should contact course.administration@luc.leidenuniv.nl.
Contact
Dan Saxon, dansaxon1@gmail.com.