Graduate Program (& Advanced Certificate) Status
Elective course, Security Specialization
Learn how armed conflicts are regulated, civilians protected, and violations punished. This course will examine the principles of international humanitarian law (IHL), and their application in practice. It will consider the core principles of distinction, proportionality, military necessity and precaution in the conduct of armed conflict, as well as the protection of civilians, refugees and prisoners of war. It will also consider punishment for breaches of IHL through examining the laws on war crimes, crimes against humanity and genocide, and their enforcement through international courts and tribunals. Finally, it will consider the development of IHL rules to apply to modern forms of conflict such as the use of drones and cyber warfare. The course will take a critical approach by considering IHL principles against current real-life situations.
Preliminary Reading
- International Committee of the Red Cross, ‘International Humanitarian Law: Answers to your Questions’ (2015). *Pages. 4-25 https://www.icrc.org/en/publication/0703-international-humanitarian-law-answers-your-questions
- Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, (Cambridge University Press, 2016). *Pages. 4-27 (‘the general framework’).
- Jean-Marie Henckaerts, ‘Study on customary international humanitarian law: a contribution to the understanding and respect for the rule of law in armed conflict’, 857 International Review of the Red Cross 175 (2005). *Pages 187 ‘summary of findings’ to 197, and review the Annex (List of Customary Rules of IHL). https://www.icrc.org/eng/assets/files/other/icrc_002_0860.pdf
IHL (sometimes referred to as the law of armed conflict) was formulated after World War II to regulate the conduct of hostilities and protect civilians and persons hors de combat, and it is now applicable to a large number of conflict situations around the world. Students will gain an understanding of the basic principles of IHL and the basic rules for the conduct of armed conflict, their application in practice, and the mechanisms for enforcement when they are breached. This is particularly important for any practitioner working in international development, in situations of conflict, or for a humanitarian or human rights organisation whether national, regional or international.
In addition to learning about IHL, this course emphasises developing the skills needed to assess real-life situations against international humanitarian law standards. It will be participatory and all students are invited to actively engage each class. The course encourages critical thinking and problem solving through readings, active class discussions and in-class exercises. The final two classes will involve a two-class graded team exercise, where students will work together to propose a solution for an IHL ‘crisis’, applying the principles learned from the course to a mock scenario. In the first of these classes, students will be presented with the ‘crisis’ and they will work in teams to propose how it could be approached and present this in the next class. Interim assessments will be done through quizzes. Final assessment will be by a problem-based exam in which students will apply their knowledge and analytical skills.
This course is designed for students who have not previously taken an international humanitarian law course, or for those who wish to refresh their understanding of international humanitarian law. It is designed for SPP/non-law students; a legal background is not required.