International Humanitarian Law
Course content
International Humanitarian Law (IHL) defines methods and means of warfare in armed conflicts and establishes various forms of protection for civilians, other non-combatants as well as combatants. The rules seek to balance military necessity against fundamental principles of humanity. The principle of proportionality, the principle of distinction between military objectives and civilian objects, as well as the prohibition against means of combat that lead to unnecessary suffering and superfluous injury form the basis for this body of law.
The legal bases for IHL are rules of international customary law as well as treaty law, in particular the four Geneva Conventions of 1949 with their additional protocols of 1977, and the Hague Regulations of 1907. In addition there are several specific treaties pertaining to e.g. use of certain weapons and other means of warfare.
The subject International Humanitarian Law is a part of public international law, but does not go in detail into the rules on the legality of warfare (jus ad bellum). The main focus is on which rules apply when there is an armed conflict going on (jus in bello), irrespective of the status of the conflict. International Humanitarian Law has certain contact points with two other subjects under public international law; international criminal law and international human rights law.
Learning Outcomes
Knowledge
Students are expected to gain good knowledge (JUS5730) or general knowledge (JUR1730) of the followings issues:
- The principle on proportionality and military necessity, the principle of distinction between military objectives and civilian objects, as well as the prohibition against means of warfare that may lead to unnecessary suffering and superfluous injury
- The scope of application of International Humanitarian Law in different levels of conflict
- The relationship between International Humanitarian Law and International Human Rights Law, particularly regarding derogation from human rights in armed conflict
- The relationship between International Humanitarian Law and International Criminal Law, including jurisdiction regarding genocide, war crimes and crimes against humanity
- The limitations on means and methods of armed conflicts
- Combatant status and its implications
- Protection of prisoners of war (POW)
- Protection of civilians and non-combatants
- The rules of International Humanitarian Law in relation to acts of terror, and the “war on terror”
- Protection of cultural property
- International peace operations
- The method and sources of international public law in general, and the sources of IHL in particular
- The rules on the legality on the use of force between states (jus ad bellum)
- The historic development of International Humanitarian Law
- National implementation of International Humanitarian Law
Skills
- Students learn how to read and analyse international case law and to analyse the Geneva Conventions and Protocols, as well as Hague Regulations, in relation to fact patterns
- The teaching and the examination focus on independent reflection and on application of the academic theories to factual realities and practical problems
General competence
- Students acquire skills which are relevant for future careers in ministries, NGOs, international organisations and other similar institutions
- Students develop an understanding of the role law plays in extreme emergency situations
- Students develop an understanding of the causes and consequences of armed conflicts
- Students learn how to balance law and ethics in difficult factual circumstances
Literature
Reading list
BACHELOR'S LEVEL (JUR1730):
Compulsory reading:
Robert Kolb and Richard Hyde, An Introduction to the International Law of Armed Conflicts (Oxford: Hart, 2008) (excluding chapters 31 and 34) (273 pages).
ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (May 2009), available at: http://www.icrc.org/eng/assets/files/other/icrc_002_0990.pdf, Part 2.B “The concept of direct participation in hostilities”, pp. 41-68 (28 pages)
Marco Sassòli, ‘Terrorism and War’, Journal of International Criminal Justice 4 (2006), pp. 959-981 (23 pages)
Marco Sassòli, ‘State responsibility for violations of international humanitarian law’, International Review of the Red Cross 84 (2002), pp. 401-433 (33 pages)
Vincent Chetail, “The contribution of the International Court of Justice to international humanitarian law”, International Review of the Red Cross 85 (2003), pp. 235-268 (33 pages).
Suggested supplementary reading:
Fleck, Dieter (ed.), The Handbook of International Humanitarian Law (Oxford: Oxford University Press, 3rd ed., 2014) paperback – with the exception of chapters 8, 10 and 11.
Total amount of pages (required litterature) at Bachelor's level: 390 pages.
MASTER'S LEVEL (JUS5730):
Suggested introductory reading:
Robert Kolb and Richard Hyde, An Introduction to the International Law of Armed Conflicts (Oxford: Hart, 2008) (excluding chapters 31 and 34).
Compulsory reading:
Fleck, Dieter (ed.), The Handbook of International Humanitarian Law (Oxford: Oxford University Press, 3rd ed., 2014) paperback – with the exception of chapters 8, 10 and 11.
ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (May 2009), available at: http://www.icrc.org/eng/assets/files/other/icrc_002_0990.pdf, Part 2.B “The concept of direct participation in hostilities”, pp. 41-68 (28 pages)
Marco Sassòli, ‘Terrorism and War’, Journal of International Criminal Justice 4 (2006), pp. 959-981 (23 pages)
Marco Sassòli, ‘State responsibility for violations of international humanitarian law’, International Review of the Red Cross 84 (2002), pp. 401-433 (33 pages)
Vincent Chetail, “The contribution of the International Court of Justice to international humanitarian law”, International Review of the Red Cross 85 (2003), pp. 235-268 (33 pages).
Total amount of pages (required litterature) at Master's level: 694 pages.
Supplementary literature for both levels:
Treaty Collections:
Buflod, Sannes og Aaseb? (ed.): Folkerettslig tekstsamling (Oslo, Cappelen Akademisk Forlag, 4th ed., 2008.)
Adam Roberts and Richard Guelff (eds), Documents on the Laws of War, Third Edition, (Oxford University Press, 2000).
Dietrich Schindler and Ji?í Toman (eds.), The laws of armed conflicts: a collection of conventions, resolutions, and other documents, (Martinus Nijhoff Publishers, 2004).
Books/reports:
Jean Pictet: The Geneva Conventions of 12 August 1949, Commentary, Vol. I (Geneva, 1952), Vol. II (Geneva, 1960), Vol. III (Geneva, 1960), Vol. IV (Geneva, 1958)
Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds): Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (Geneva: ICRC, 1987)
Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Volume I: Rules (Cambridge: Cambridge University Press, 2005).
ICRC Report, International Humanitarian Law and the challenges of contemporary armed conflicts, October 2011, www.icrc.org/eng/assets/files/red-cross-crescent-movement/31st-international-conference/31-int-conference-ihl-challenges-report-11-5-1-2-en.pdf (53 pages).
Marco Sassòli, Antoine Bouvier and Anne Quintin: How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law (Vol. I and II) (Geneva: ICRC, 3rd ed., 2011): http://www.icrc.org/eng/resources/documents/publication/p0739.htm
UK Ministry of Defence, The Manual of the Law of Armed Conflict, (Oxford University Press, 2005).
Gentian Zyberi, The Humanitarian Face of the International Court of Justice, (Intersentia, 2008), pp. 259-341
Terry Gill and Dieter Fleck (eds.), The Handbook of the International Law of Military Operations, (Oxford University Press, 2010).
Electronic resources:
ICRC databases on international humanitarian law
Electronic Resource Guide of the American Society of International Law
ICRC, Contemporary Challenges for IHL