Course Syllabus

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Humanitarian Law and Armed Conflict

Fall 2017

Location: Copenhagen

Credits: 3 - Core Course

Study Tour: Kosovo

Major Disciplines: International Relations, Political Science, Pre-Law, Legal Studies

Faculty: Alexander Hviid, hv@eg-gym.dk

 Program Director: Iben De Neergaard, idn@dis.dk 
Assistant Program Director: Nya Oxfeldt Jensen, noj@dis.dk 
Program Assistant: Holly Querin, hqu@dis.dk 

Mondays and Thursdays 8.30-9.50

Location: V10-A32

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Course description

This course provides students with a general understanding of the international legal regulation of armed conflict – including humanitarian law, human rights law and international criminal law. The aim of the course is to enable students to understand the legal challenges of current and future armed conflicts, as well as enable them to critically analyze and evaluate concrete cases using both legal and political analysis. This is achieved by applying knowledge from readings and classes to a number of contemporary case studies with a specific emphasis on the post-conflict Balkans.

 

Instructor

Alexander Hviid

MSc (International Security & Law, University of Southern Denmark), M.A. (Social Science, University of Copenhagen). Research interests include public international law, specifically international criminal law and international humanitarian law as well as Arctic security and Danish-Greenlandic relations. Work experience with the Institute for Strategy at the Royal Danish Defense College and the Royal Danish Naval College. With DIS since 2016.

 

Course objectives

Through selected readings, class discussions, study tours and various assignments, the objectives of this course are for the students to:

  • Understand the historical development and nature of international humanitarian law.
  • Understand the main principles of international humanitarian law.
  • Be able to apply the rules of humanitarian law to concrete cases.
  • Be able to identify and distinguish between legal aspects and politics aspects of concrete cases.
  • Understand the interplay between humanitarian law, human rights law and international criminal law in conflict scenarios.
  • Gain an understanding of the reality and practical concerns affecting the implementation of obligations under international law;
  • Identify and discuss the main issues related to international accountability for war crimes.
  • Acquire a thorough hands-on experience with post-Cold War conflict in Europe/the Balkans – and the clash between theory and practice.
  • Increase their ability to write analytical papers using legal argumentation supported by political considerations where appropriate.

 

Prerequisites

Students are required to have taken a course in political science or human rights law. Students must expect the first few classes to be of a more technical legal nature in order to introduce the basic legal method, international humanitarian law, human rights law and international criminal law, which are essential to fully benefit from the course.

 

Course requirements

  • Three research papers;
  • Participation (preparation for class, active participation during discussions in class with inputs based on facts, law, analysis and reflection);
  • Group presentation of a court case, a UN Security Council Resolution, a relevant conflict or question.

 

 

Main themes

This course is divided into 5 different blocks reflecting the main themes that are treated throughout the course.

  1. An introduction to international law and legal methodology.
  2. An overview of the law on the use of force – the so-called jus ad bellum.
  3. Humanitarian law and human rights law – jus in bello regulating the conduct of warfare.
  4. The Balkan wars, Kosovo’s independence and international accountability for war crimes.
  5. Controversial issues in current and future conflicts.

 

Readings

  • Emily Crawford and Alison Pert, International Humanitarian Law, Cambridge University Press, 2015 [textbook].
  • Selected readings from academic journals, Security Council resolutions, court cases, legal opinions and textbooks relevant to the individual topics and international treaties and conventions (all to be made available on Canvas), including but not limited to:

 

Study questions are assigned for each class. They are meant as a guide while reading the assigned texts – thus enabling students to focus on the essential issues that will be covered in each class.

Note: Some of the readings might be subject to change during the course, but students will receive any new readings in due time to prepare for class.

 

Policies

Attendance: 

Students are expected to attend all DIS classes when scheduled.  If you miss multiple classes the Director of Teaching and Learning, and the Director of Student Affairs will be notified and they will follow-up with you to make sure that all is well.  Absences will jeopardize your grade and your standing at DIS.  Allowances will be made in cases of illness, but in the case of multiple absences you will need to provide a doctor’s note.

 

Late arrival to class: 

All students are expected to come to class on time. Repeated late arrivals will result in a meeting with the instructor.

 

Academic Honesty:

Plagiarism and Violating the Rules of an Assignment. DIS expects that students abide by the highest standards of intellectual honesty in all academic work. DIS assumes that all students do their own work and credit all work or thought taken from others.   Academic dishonesty will result in a final course grade of “F” and can result in dismissal. The students’ home universities will be notified. DIS reserves the right to request that written student assignments be turned in electronic form for submission to plagiarism detection software.  See the Academic Handbook for more information, or ask your instructor if you have questions.

 

Policy on late hand-in of synopses:

Papers handed in late will not be accepted.

 

Use of laptops or phones in class:

The use of laptops is allowed only for taking notes. The use of mobile phones in class is not allowed.

 

Disability and resource statement:

Any student who has a need for accommodation based on the impact of a disability should contact Sean Green at sgr@dis.dk to coordinate this.  In order to receive accommodations, students should inform the instructor of approved DIS accommodations within the first two weeks of classes.

 

Academic Excellence Award:

Each semester, we recognize one outstanding student from each program with an Award of Academic Excellence. It is reserved for a student who has distinguished him- or herself through diligence, commitment, academic performance, and ideally a student who contributes to a good, collaborative learning environment in class.

 

 

Evaluation and grading

  • Participation and attendance: 20%
  • Group presentation: 20%
  • Research paper 1: 10%
  • Research paper 2: 20%
  • Final research paper: 30%

Your work during the semester will be evaluated based upon your engaged classroom participation, your presentation of relevant assignments, the two research papers and the final research paper.

Attendance in all classes, participation in class debates and study visits are mandatory. You are required to come to class on time, be well prepared and to take an active part in discussions and presentations.

The quality of each student’s work in group activities will be considered as part of the class participation grade. In other words, it will not be enough to “be there” for at group activity, you must be a productive participant in the process and your work must contribute significantly to the final project.

Collective feedback to research papers will be given orally in class. Individual feedback will be given as a grade and students will receive written comments to the two research papers as well.

In order to receive a passing grade for the class you must turn in all assigned work.

When writing your papers or preparing your class presentations you should be aware of the structure and method indicated below – which will be elaborated on in class.

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Example of a simple legal analysis:

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Example of a basic structure:

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1. Introduction - International Law & Legal Methodology

 

Class 1 – Thursday, 24 August:

Study questions:

  • Introduction to faculty and teaching methodology
  • Overview of the syllabus and key issues
  • Calibration of expectations.

 

Class readings:

 

Class 2 – Monday, 28 August:

Study questions:

  • What is international law? Do states comply with international law and if so, why?
  • What legal sources exist in international law?
  • What is legal methodology? How are legal sources and facts combined to construct a legal argument?

 

Class readings:

  • Thirlway, Hugh (2010): “The Sources of International Law.” In International Law, Malcolm D. Evans (eds.) 3rd edition, Oxford University Press: p. 95-110
  • Axelrod & Keohane (1985): Achieving Cooperation under Anarchy: Strategies and Institutions. World Politics, vol. 38, no. 1.

 

 

2. Jus ad Bellum - The Law on the Use of Force

 

Class 3 – Thursday, 31 August: Jus ad Bellum in Theory

Study questions:

  • How and why do we distinguish between jus ad bellum and jus in bello?
  • How is the use of force regulated in international law?
  • How can the ‘inherent right to self-defense’ be interpreted?

 

Class readings:

  • Gray, Christine (2010): “The Use of Force and the International Legal Order.” In International Law, Malcolm D. Evans (eds.) 4th edition, Oxford University Press: p. 618-640.

 

 

Class 4 – Monday, 4 September: Jus ad Bellum in Practice

Study questions:

  • How is jus ad bellum applied in practice?
  • Did 9/11 reach the threshold of ‘armed attack’?.
  • To what extent can the right to self-defence support the ‘War on Terror’?

 

Class readings:

  • Henriksen, Anders (2014): Jus ad Bellum and American Targeted Use of Force to Fight Terrorism Around the World. Journal of Conflict and Security Law vol. 19 no. 2. Oxford University Press: p. 211-250.

 

 

3. Jus in Bello - International Humanitarian Law

 

Class 5 – Thursday, 7 September: Origins of Humanitarian Law

Study questions:

  • How and why did humanitarian law develop?
  • What are the principal legal sources in humanitarian law?
  • How does humanitarian law reflect the evolution of warfare in the 20th century?

 

Class readings:

  • Crawford & Pert (2015): International Humanitarian Law. Cambridge University Press: p. 4-19 + 29-41

 

Core course week

 

Class 6 – Monday, 18 September: Applying Humanitarian Law

Study questions:

  • What are the core principles of humanitarian law?
  • How are the principles applied in practice?
  • What are the legal ramifications of classifying armed conflicts?

 

Class readings:

  • Crawford & Pert (2015): International Humanitarian Law. Cambridge University Press: p. 41-85.

 

Class 7 – Thursday, 21 September: The Interplay with Human Rights Law

Study questions:

  • How do humanitarian law and human rights law differ?
  • To what extent does human rights law apply in armed conflicts?
  • Why is extraterritorial application of human rights law so controversial?

 

Class readings:

  • Levin, Leah (2009): International Human Rights Law: Questions and answers. (5th). UNESCO Publishing: p. 21-46.
  • Hampson, J. Francoise (2009): “Is Human Rights Law of Any Relevance to Military Operations in Afghanistan?” In Schmitt, Michael N (ed.), The War in Afghanistan: A Legal Analysis. International Law Studies, vol. 85, Naval War College, Newport.

 

Class 8 – Monday, 25 September: Combatant status and direct participation in hostilities.

Study questions:

  • How do we classify the status of an individual in an armed conflict?
  • How do we test for ‘direct participation in hostilities’?
  • Can a civilian ever become a lawful target of attack?

 

Class readings:

  • Crawford & Pert (2015): International Humanitarian Law. Cambridge University Press p. 87-119

 

 

4. The Balkan Conflicts and International Accountability

 

Class 9 – Thursday, 28 September: The Road to Conflict and Independence

Study questions:

  • What are the origins of conflict in the Balkans?
  • Why did Kosovo declare its independence?
  • Why does the unilateral declaration remain so controversial?

 

Class readings:

  • Summers, James (2011): “Kosovo: From Yugoslav Province to Disputed Independence.” In James Summers (edt.) Kosovo – A Precedent? Brill Publishers. p: 3-51

 

Class 10 – Monday, 2 October: International Accountability and War Crimes.

Study questions:

  • Why was the International Tribunal for Yugoslavia (ICTY) established and what jurisdiction does it have?
  • What are the elements of war crimes?
  • How has the ICTY impacted the field of international criminal law?

 

Class readings:

  • Cassese, Antonio et al. (2013): International Criminal Law. Oxford University Press: p. 47-63.
  • Meron, Theodor (2004): Procedural Evolution in the ICTY. Journal of International Criminal Justice. Oxford University Press: p. 520-525.

 

Class 11 – Thursday, 5 October: Applying Humanitarian Law to the Balkan Conflicts.

Guest lecture by Frederik Harhoff – former Danish judge in the International Criminal Tribunal for Yugoslavia. (TBC)

Class readings:

  • Harhoff, Frederik (2010): It is all in the Process: Reflections on the Relation between International Criminal Trials and International Humanitarian Law. Nordic Journal of International Law 78: p. 469-480

 

Study tour Pristina

 

 

Class 12 – Monday, 23 October: International Accountability continued

Study questions:

  • What are the origins of international criminal law?
  • Why was the International Criminal Court established and what jurisdiction does it have?

 

Class readings:

  • Cryer, Robert 2010): “International Criminal Law” In International Law, Malcolm D. Evans (eds.) 3rd edition, Oxford University Press.

  

 

5. Controversial Issues in Current and Future Conflicts

 

Class 13 – Thursday, 26 October: The Evolution of 21st Century Warfare.

Study questions:

  • What may characterize warfare in the future?
  • Is the current humanitarian legal regime geared to the conflicts of tomorrow?

 

Class readings:

  • Evans, Michael (2016): Future War in Cities: Urbanization’s Challenge to strategic studies in the 21st Century. In “War in Cities - International Review of the Red Cross, Humanitarian debate: Law, policy, action”. Vol. 98, no. 901: p. 37-51
  • Kilcullen, David (2013): Out of the Mountains: The coming age of the urban guerilla. Oxford University Press: p. 150-165

 

Class 14 – Monday, 6 November: Targeted Killings and the Use of Drones

 Study questions:

  • What are the legal, strategic and ethical implications of using drones in warfare?
  • What is the difference between ‘personality strikes’ and ‘signature strikes’?

 

Class readings:

  • Alston, Philip (2010): Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions – study on targeted killings. United Nations General Assembly, Human Rights Council, 14th

 

Class 15: Cyberwar and autonomous weapon systems

Study questions:

  • What are the main legal challenges stemming from cyberwar?
  • Can a computer virus be considered an ‘armed attack’?
  • Can a cyberattack trigger the right to self-defence?

 

Class readings:

  • Waxman, Matthew C. (2011): Cyber-Attacks and the Use of Force: Back to the Future of Article 2 (4). Yale Journal of International Law, vol. 36: 421.: p. 421-459

 

Class 16: ‘Red card holder’ – the Law in Practice.

Guest lecture by Kenneth Buhl – Commander in the Royal Danish Navy, Ph.D. in International Humanitarian Law and experience from Danish military operations in Afghanistan as the ‘red card holder’– the individual in charge of assessing the legality of any military strike before it is executed.

(TBC)

 

Class 17: Conclusion and summing up the course.

 

 

 

Course Summary:

Date Details Due