LAW4199 - International humanitarian law

Offered

Not offered in 2008

Synopsis

The unit will cover the historical development and sources of International humanitarian law (IHL), the permissibility of armed conflict in international law, and how IHL regulates the conduct of armed conflict; eg the identification of lawful combatants, the protections afforded to combatants/prisoners of war, the differences between combatants and civilians, the protections afforded to civilians, and the regulation of the means and methods of warfare. It will also cover the differences between the regulation of international and non-international armed conflict; the role of defence forces, international organisations and humanitarian workers in situations of armed conflict.

Objectives

Upon completion of this unit, students should:

1. appreciate the historical development of international humanitarian law ('IHL');
2. have a comprehensive understanding of the sources of IHL, including the relevant international treaties, customary international law, and the domestic means of implementing the international norms;
3. understand and be able to analyse and critically comment on the permissibility of armed conflict in international law;
4. understand and be able to analyse and critically comment on the way in which IHL regulates the conduct of armed conflict; for example, the identification of lawful combatants, the protections afforded to combatants/prisoners of war, the differences between combatants and civilians, the protections afforded to civilians, and the regulation of the means and methods of warfare (including issues surrounding permissible tactics and weaponry);
5. understand and be able to critically comment on the differences in the regulatory regime between international and non-international armed conflict;
6. appreciate the role of defence forces and humanitarian workers in situations of armed conflict;
7. appreciate the differing roles played by the United Nations and other international organisations, such as the International Committee of the Red Cross, in securing IHL;
8. understand and be able to analyse and critically comment on the way IHL is enforced, including through ad hoc international 'war crimes' tribunals, the permanent International Criminal Court, and equivalent tribunals within domestic jurisdictions;
9. be able to analyse and critically comment on the theoretical debates surrounding IHL;
10. be able to understand, evaluate and apply policy arguments for and against reform of the legal protection afforded during international and non-international armed conflicts;
11. have an appreciation of current challenges to and debates surrounding IHL;
12. be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to IHL;
13. further develop legal research, writing, and legal argument skills in the areas of IHL, particularly if they undertake the optional research assignment which requires systematic research into legal policy, theory, rules and procedures relating to IHL; and
14. further develop oral articulation of legal argument during class discussions.

Assessment

Research assignment (4,000 words): 50%
Examination (1.5 hours writing time plus 30 minutes reading and noting time): 50% OR Examination (3 hours writing time plus 30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104