Introductory description

This module addresses the evolution of the laws of war (International Humanitarian Law) and the specific regimes that are supposed to govern the conduct of warfare. We shall also touch upon the complementary law regarding the use of force and in particular the customary right to self-defence and doctrines of 'humanitarian' intervention. In this context the module addresses the “crisis” of international humanitarian law in the post-Westphalian order, and the “war on terror”.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The sessions will cover the following topics:

Mapping International Humanitarian Law

Just War and IHL

The Business of Killing (1): Philosophical questions

The Business of Killing (2): Methods and Weaponry

Away from the Battlefield: IHL and the treatment of PoWs and the vulnerable

Enforcement of IHL

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate an in-depth knowledge and understanding of the history, meaning, and scope of international humanitarian law and its relationship to international development.
• Develop an ability to identify and employ legal sources; analyse problems and concepts; identify relevant evidence; analyse and synthesise of evidence; evaluate conflicting arguments; understand logic of explanation; draw policy conclusions from theoretical and empirical analysis.
• Identify and use appropriately interdisciplinary materials, including international policy documents and empirical research findings on the concepts of international humanitarian law.
• Demonstrate critical analysis identifying the proper roles of theory and fact; evaluating the logic and empirical claims of rival arguments; identifying assumptions; following extended trains of argument; understanding clearly the relations between law and non-legal forms of thought, and the practical implications of theory
• Demonstrate advanced written and oral presentational skills

Indicative reading list

Yoram Dinstein, The Conduct of Hostilities under the Law of Armed Conflict 2nd ed (CUP 2010)
Leslie Green, The Contemporary Law of Armed Conflict (Manchester University Press, 2008)
Michael Walzer, Just and Unjust Wars: A Moral Argument with historical Illustrations Revised ed.
(Basic Books, 2006)
Thomas Hurka, ‘Proportionality in the Morality of War’ (2005) 33:1 Philosophy and Public Affairs
Adam Roberts and Richard Guelff (eds.), Documents on the Laws of War (Oxford, 2000)
Jean Pictet, “The Nature of Humanitarian Law” in Development and Principles of International
Humanitarian Law (Nijhoff, 1985),
Walter Clarke and Jeffrey Herbst (eds.), Learning From Somalia: The Lessons of Armed
Humanitarian Intervention (Westview, 1997).
Gasser, Hans-Peter. "International Humanitarian Law: An Introduction." In Humanity for All, ed.
Hans Haug, Geneva: ICRC and Henry Dunant Institute, 1993. L.C. Green, “Civilians” in The
Contemporary Law of Armed Conflict (Manchester: 1993)
Christopher Greenwood, “International Law and the Conduct of Military Operations”, in Michael
N. Schmitt (ed.), International Law Across the Spectrum of Conflict: Essays in Honour of Professor
L.C. Green On the Occasion of His Eightieth Birthday, International Law Studies, Vol. 75 (Newport:
Naval War College, 2000), pp.179-201
Rosalyn Higgins, Problems and Process: International Law and How We Use It (Clarendon Press,
1994). See Chapter 15, “The Use of Force by the United Nations”.
Charles J. Dunlap Jr., “Organized Violence and the Future of International Law: A Practioner’s
View of the Emerging Issues,” American Society of Law Proceedings, 1999, pp. 6-15.
Hans Peter Gasser, “Ensuring Respect for the Geneva Conventions and Protocols: the Role of
Third States and The United Nations” in Hazel Fox and Michael A. Meyer (eds.), Effecting
Compliance, pp. 15-49.
A. Eide, A. Rosas and T. Meron, “Combating Lawlessness in Gray Zone Conflicts Through Minimum
Humanitarian Standards,” 89, American Journal of International Law, 1995, pp.215-223.
UNESCO, International Dimensions of Humanitarian Law (Henry Dunant Institute, Geneva, 1988).
Howard S. Levie (ed,), Documents on Prisoners of War (Newport, RI: Naval War College Press,
1979).
Howard S. Levie, Terrorism in War, the Law of War Crimes (Dobbs Ferry, NY: Oceana 1993)
Jonathan Moore, Hard Choices: Moral Dilemmas in Humanitarian Intervention (Lanham, MD:
Rowman and Littlefield, 1998).

View reading list on Talis Aspire

International

The module focuses on international humanitarian law.

Subject specific skills

Subject knowledge and understanding
Demonstrate an in-depth knowledge and understanding
of the history, meaning, and scope of international
humanitarian law and its relationship to international
development.

Cognitive Skills
Demonstrate critical analysis identifying the proper
roles of theory and fact; evaluating the logic and
empirical claims of rival arguments; identifying
assumptions; following extended trains of argument;
understanding clearly the relations between law and
non-legal forms of thought, and the practical
implications of theory.

Subject-Specific/Professional Skills
Demonstrate advanced written and oral presentational
skills

Transferable skills

Key Skills
Develop an ability to identify and employ legal sources;
analyse problems and concepts; identify relevant
evidence; analyse and synthesise of evidence; evaluate
conflicting arguments; understand logic of explanation;
draw policy conclusions from theoretical and empirical
analysis.
Identify and use appropriately interdisciplinary materials,
including international policy documents and empirical
research findings on the concepts of international
humanitarian law.