JJUA04543U The Law of Armed Conflicts

Volume 2015/2016
Content

The objective is to introduce students to the comprehensive body of international law of armed conflicts, and relate this to conflicts around the world. There are lots of contemporary examples of internal and international armed conflicts which have unveiled not only the significance and importance, but also the challenges to and shortcomings of contemporary international law of armed conflict. The course will also seek to discuss the laws of armed conflict vis a vis human rights law proper and examine the applicability of these two bodies of law in modern crisis response and military security operations.

The course is introduced by a survey of the basic concepts and categories of the Law of Armed Conflicts (Jus ad Bellum, Jus in Bello, Customary International Law, Neutrality and Disarmament) and un Peace and Security.

  • Jus ad Bellum; The provisions of the UN Charter will be examined together with customary law in order to delimit the right to resort to armed force.
  • Laws of Armed Conflict; the Geneva Conventions 1949 and the Additional Protocols 1977; the UN Weapons Convention and the various categories of weapons; sanctions and State responsibility; settlement of conflicts.
  • How does human rights work together with the laws of armed conflicts?
  • Case study on a conflict; background, security measures, the role of the UN.
Learning Outcome

The objective of the course is to enable the students to:
- Explain the comprehensive body of international law of armed conflicts,
- Put the concepts of jus contra bellum the jus ad bellum and jus in bello into perspective
- Discuss this body of law to conflicts around the world and to analyse the applicability of the law of armed conflicts in different conflict scenarios, including internal- and international conflicts.
- Identify and discuss challenges to and shortcomings of contemporary international law of armed conflict.
- Discuss the laws of armed conflict vis a vis human rights law proper and examine the applicability of these two bodies of law in modern crisis response- and military security operations.
- Critically to reflect upon issues of particular, contemporary relevance in the field of the law of armed conflicts, including combatancy, the definition of military objectives, the application of the principle of necessity to new and existing munitions and weapon systems and
- Explain and discuss means of holding perpetrators criminally responsible to different types of breaches of the law of armed conflicts.
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent

L.C.Green "The Contemporary Law of Armed Conflicts"
Knudsen and Otken: Collection of Cases and Materials on the Laws of Armed Conflicts 2009
Required Readings cover app. 500 pages.

Students must be able to read, understand and speak English at an academic level and are expected to work in smaller groups between and during sessions and to present selected cases in class.
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  • Category
  • Hours
  • Lectures
  • 34
  • Preparation
  • 241
  • Total
  • 275
Credit
10 ECTS
Type of assessment
Oral examination, 20 min
Oral exam without preparation, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

December 14-18, 2015 (Preliminary dates)

Re-exam

Awaits