JUS361 International Humanitarian
Law – 7,5 credits
Part One: Substantive Law
1. Week 1, Monday, Aug 21, a.
Course introduction and administration. Fundamentals of
international law, sovereignty and the state system, and the framework of the
United Nations Charter. b. History and development of International
Humanitarian Law (IHL).
2. Wednesday, Aug 23, History and fundamentals
of International Human Rights and Humanitarian Law through 1946.
The International Military Tribunal at
3.
Week 2,
Monday, Aug 28, Law of
4.
Wed., Aug 30,. The Genocide
Convention and current issues in
5.
Week 3, Monday, Sept 4, The Law of Geneva, including
the 1977 Protocols
6.
Wed.,
Sept 6, a.
Modern methods of warfare and conventional weapons, including mines.
Part Two:
Accountability Mechanisms
7.
Week 4,
Mon., Sept 11, Tribunals for
8. Wed., Sept 13, International Criminal Court
9.
Week 5,
Mon., Sept 18, . Alternative mechanisms, including
truth commissions.
Part Three:
Implementation and Exercises
10. Sept 20, Wed. Exercise #1
International Criminal Court (ICC). Contrasting
European and American views. Discussion
of the impact of
11.
Week 6, Mon. Sept 25,.
Humanitarian Law Implementation:
12.
May 3, Wed. Sept 27 Exercise #2
13.
Week 7, Mon. Oct 2,
Humanitarian Law Implementation:
14. Oct 4, Wed. Exercise #3 Landmines and the
15.
Week 8, Mon. Oct 9, Humanitarian Law Implementation: Kosovo
16.
Oct 11, Wed. Course wrap up and final review.
Overview:
International
Humanitarian Law, sometimes called the Law of Armed Conflict, is a branch of
Public International Law. The course will begin with an introduction to the
basic principles of international law and the historical development of rules
developed by civilized nations protect the victims of armed conflict, including
the Geneva Conventions. The
international criminal tribunals will be reviewed, as well as the current
status of the Yugoslav Tribunal (ICTY), and the new court in
Teaching Objectives:
1.
To review the history and development of international
law.
2.
To understand the challenges in the protection of
victims of armed conflict.
3.
To understand the dynamic relationship between
politics, human rights, and international law.
4.
To appreciate the difficulty of applying the
international law to particular factual situations.
READING
ASSIGNMENTS
REQUIRED
TEXTS:
Crimes of War, Editors Roy Gutman and David Rieff, W.W.
Norton and Company 1999 Paperback ISBN
0-393-31914-8 The book is designed as an
A to Z guide to war crimes, and formatted as both a reference book for
individuals in the field and as a visual and vivid source book for a wide
variety of audiences, including the general reader. Crimes of
War contains 140 original articles by some 90 journalists, jurists and
scholars, as well as photographs which graphically underscore the authors'
words. The text (less photographs) is available
on-line at the web site www.crimesofwar.org
Documents on
the Laws of War, Third Edition, Adam Roberts and Richard Guelff,
OPTIONAL
AND RECOMMENDED
CURRENT EVENTS:
It will be your
responsibility to keep up with current events and international sources of
news. Some sources are provided as links
below. This will provide a good source for classroom discussion and assist with
the research for your papers and exercises.
LINKS: This document will be filed on ERES and you should
be able to use the hyperlinks to go directly to web based resources. In some
cases the article may be available only on electronic reserve.
One of the
most useful sites is the one maintained by the Crimes of War Project. It has resources
devoted to the current conflict in
The New York
Times is a good source of material, the on line version is The New York Times on the Web Another good source
is the Economist in
Arabic News Front Page for 9/25/2002 or
the Al Jazeera site Aljazeera.Net
English - Home Page
Weekly Assignments:
Week 1
Read the
following short articles in Crimes of War:
Preface,
Page 8
Foreword,
Page 14
Act of War,
Page 24
Combatant
Status, Page 97
Customary
Law, Page 113
Jus ad
Bellum/Jus in
Just and
Unjust War, p 224
Protected
Persons, Page 295
Week 2
Read the short articles in Crimes of War: For Monday
International Humanitarian Law, An Overview, p 18
Belligerent Status, page 42
Civilian Immunity, page 84
Command Responsibility, page 98
Military Necessity, page 251
Military Objectives, page 253
Soldiers, Rights of, page 342
For
Wednesday: Read the
short articles in Crimes of War
Crimes Against Humanity, p 107
Crimes Against Peace, p 109
Due Process, p 127
Grey Areas in International Humanitarian Law, p 158
Total War, p 355
Week 3
For
Monday: Read the
short articles in Crimes of War
Civilians, Illegal Targeting of, p 85
Collateral Damage, p 88
Collective Punishment, p 89
Mines, p 256
War Crimes, Categories of, p 374
For
Wednesday: Read the
short articles in Crimes of War
Genocide, p 153
Incitement to Genocide, p 192
Refoulement, p 304
COURSE
PART TWO: ACCOUNTABILITY MECHANISMS
Week 4
Week 5
COURSE PART THREE: EXERCISES
On Wednesdays between week 5 and week 8
there will be three “exercises” in which students will play the roles of States
and organizations facing difficult issues of international humanitarian law. There
will be two opposing teams with approximately three people on each side. The required paper will be a “position paper”
that will state the position of the person writing the paper, it should be
coordinated with the others on the team, and group effort is permissible and
encouraged. Exercises will be held on
Wednesdays and the paper is due to be e-mailed to me before class on the
Monday before the exercise. This
will allow me to post it on ERES and for students to see it before class on Wednesday.
A “hard copy” needs to be turned in to me in class Monday so I can return it to
you with a grade.
During the exercise each team will have
about thirty minutes to state its position, this is
often divided up by the team into three ten minute presentations. More
information on exercise procedure will be provided in class, but the basic
order and ground rules will be set by students. Students can sign up for roles
beginning on the second day of class and sign up must be completed by the
second week of class. Consider signing up for a role you may not
necessarily agree with, you are bound to learn more in the process. You will
have to sign up for a particular role, such as Exercise 3, Team A, Policy, and
a sign up sheet will be used and posted on ERES. There may be some flexibility
in assigning particular roles, if students have suggestions to add or modify
certain subjects or roles. Each team should present a unified position, and it
would be helpful to elect a spokesperson for each team. Each team should
generally divide the responsibilities into three areas, policy, legal, and
factual/technical/historical.
Information on exams and writing
assignments will be provided in a later edition of this syllabus.