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Module Specifications

Current Academic Year 2012 - 2013
Please note that this information is subject to change.

Module Title
Module Code
School
Online Module Resources

Module TeacherNoelle Higgins
NFQ level 9 Credit Rating
Pre-requisite None
Co-requisite None
Compatibles None
Incompatibles None
Description
This module aims to provide students with an understanding of how the methods and means of warfare and are regulated by international law (international humanitarian law / jus in bello/ laws of war).Students will examine how combantants as well as the victims of war, including the wounded, sick, ship wrecked, prisoners of war and civilians are protected by the legal framework, e.g. the Geneva Conventions. Students will also critically analyse how the conduct of hostilities are regulated and will focus on weapons regulation, e.g. landmines, cluster munittions etc. Students will undertake case studies, simulations and group work. Students will be able to use knowledge gained in this module to evaluate state practice and international legislation.

Learning Outcomes
1. Locate the law of armed conflict framework within the paradigm of public international law and analyse its aims, function and structure
2. Analyse the development of this legal framework, including both customary and international law
3. Apply the legal framework to scenarios and problem questions
4. Debate the effectiveness of the legal framework with reference to international law provisions, State practice and academic commentary
5. Defend and justify his / her opinions in relation to the legal framework in written and oral format



Workload Full-time hours per semester
Type Hours Description
Lecture242 hour lecture. Case studies. Simulations. Group work.
Independent learning101Research. Reading. Assignment and exam preparation.
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities
History and sources of the law of armed conflict..
Historical and philosophical perceptions of the regulation of the jus in bello.

Basic principles of the law of armed conflict, e.g. distinction and proportionality..
Distinction, proportionality, military necessity etc..

Development of customary and treaty rules on the law of armed conflict.
How / why was conventional law created? How have states created customary law?.

Conduct of Hostilities, Methods and means of warfare.
What can combatants do in conflict situations?.

Role of the International Committe of the Red Cross.
How does the ICRC engage with states and non-state actors?.

Assessment Breakdown
Continuous Assessment% Examination Weight%
Course Work Breakdown
TypeDescription% of totalAssessment Date
Essayn/a50%n/a
Reassessment Requirement
Resit arrangements are explained by the following categories;
1 = A resit is available for all components of the module
2 = No resit is available for 100% continuous assessment module
3 = No resit is available for the continuous assessment component
This module is category
Indicative Reading List
  • Detter, The Law of War: 2000, The Law of War, 2nd, CUP, Cambridge,
  • Dinstein: 2004, The Conduct of Hostilities under the law of international armed conflict, CUP, Cambridge,
  • Dörmann, Doswald-Beck, and Kolb: 2003, War Crimes under the Rome Statute of the International Criminal Court Sources and Commentary, CUP, Cambridge,
  • Durham & McCormack: 1999, The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Martinus Nijhoff Publishers, The Hague,
  • Fleck (ed.): 2000, The Handbook of Humanitarian Law in Armed Conflict, OUP, Oxford,
  • Gardam: 1999, Humanitarian Law,, Dartmouth, UK,
  • Gardam: 2004, Necessity, Proportionality and the Use of Force by States, CUP, Cambridge,
  • Green: 2002, The Contemporary Law of Armed Conflict, 2nd, Martinus Nijhoff Publishers, The Netherlands,
  • Henckaerts & Doswald-Beck: 2004, Customary International Humanitarian Law (Vols 1 and 2), CUP, Cambridge,
  • Kalshoven: 2001, Constraints on the waging of war,, International Committee of the Red Cross, Geneva,
  • Moir: 2002, The Law of Internal Armed Conflict, CUP, Cambridge,
  • Rogers: 2004, Law on the Battlefield, 2nd, Juris Publishing,
  • Sassoli & Bouvier: 2006, How does Law protect in War? Cases, Documents and Teaching Materials, on Contemporary Practice in International Humanitarian Law, 2nd, ICRC, Geneva,
  • Swinarski (ed.): 1984, Studies and Essays on International Humanitarian Law and Red Cross Principles in honour of Jean Pictet, Martinus Nijhoff Publishers, The Netherlands,
  • UK Ministry of Defence: 2004, The Manual of the Law of Armed Conflict, OUP, Oxford,
Other Resources
227, Moodle, 0, Class Notes and Other Relevant Resources are available on the Moodle page for the Module,
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