One of the most important areas of international law is the law regulating recourse to and the use of force. It is a unique body of law comprising two separate and distinct bodies of rules: the jus ad bellum, which is the law governing the legality of the resort to force, and the jus in bello, which is the law regulating the conduct of hostilities. The jus in bello is also referred to as humanitarian law, the law of armed conflict, or the laws of war. The law of armed conflict is a body of rules that was developed to protect the most vulnerable groups during armed conflict and to mitigate the deleterious effects of the methods of warfare.
The course is designed to provide an overview of the fundamental principles of the law of armed conflict (or international humanitarian law). It will place international humanitarian law within public international law more generally, and delineate its relationship to other areas of international law (such as the international law of human rights). Specifically, the course will cover the principles and rules relating to the protection of individuals during armed conflict, as well as rules relating to the means and methods of warfare, including weapons issues. We will also explore issues relating to the implementation and international and national enforcement of international humanitarian law.
Main Topics
- History and scope of the law of armed conflict (including customary international humanitarian law)
- Types of conflict and thresholds of applicability of the law: (i) international conflict; (ii) non-international armed conflict; (iii) self-determination movements; (iv) internationalized armed conflict
- Law on the conduct of hostilities: (i) non-combatants; (ii) wounded, sick and shipwrecked; (iii) humanitarian personnel and the protective emblem; (iv) combatants and prisoners of war: status and treatment; (v) spies, mercenaries; (vi) methods of combat; (vii) means of combat; (viii) issues: nuclear weapons, arms control & disarmament, culture, environment
- The problem of terrorism and terrorists: status, rights, asymmetrical warfare, necessity, and assassination
- The law of occupation
- The relationship between human rights law & humanitarian law
- Implementation, responsibility and enforcement.
