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Law and Government - module specifications - LG575

law and government

module specifications - lg575

This information is provisional and subject to change.
Module Title

Law of Armed Conflict

Module Code LG574
School Law and Government
Module Co-ordinator Dr. Adam Mc Auley Office Number

Q138

Level Credit Rating 5
Pre-requisite None
Co-requisite None
Module Aims
  • To provide students with an understanding of the methods and means of warfare regulated by the law of armed conflict.
  • To examine how the law of armed conflict treats the victims of war, including the wounded, sick, ship wrecked, prisoners of war and civilians.
  • To examine how individuals are held accountable for breaching the law of armed conflict.
Learning Outcomes
  • An appreciation of the basic aim and function, and structure of the law of armed conflict.
  • An understanding of the how the law of armed conflict seeks to restrict the means and methods of warfare.
  • An understanding of how the law of armed conflict protects belligerents and victims.
  • An ability to apply the law of armed conflict to hypothetical case studies.
Indicative Time Allowances
Hours
Lectures 24
Tutorials 0
Laboratories 0
Seminars
Independent Learning Time 51

Total 75
NOTE
Indicative Syllabus
  • History and sources of the law of armed conflict.
  • Basic principles of the law of armed conflict, e.g. distinction and proportionality; Customary and Treaty law; Applicability of the law of armed conflict; the armed forces of the belligerents including insurgents and terrorists.
  • Conduct of Hostilities; Methods and means of warfare: Target restraints; Prohibited practices and weapons; Command responsibility; Air Operations; Maritime Warfare.
  • Protection of victims: Prisoners of War; Wounded, Sick and Shipwrecked; Civilians and Occupation of Territory.
  • N egotiations between belligerents
  • Humanitarian rules during internal armed conflict; `Asymmetric'' conflicts; Terrorism and the jus in bello .
  • Application of the law of armed conflict during peace keeping and peace enforcing operations.
  • Enforcement of the law of armed conflict; Role of the International Committee of the Red Cross.
  • War crimes: definitions; State jurisdiction under national and international law; defences.
  • International criminal tribunals: Nuremberg, Yugoslavia, Rwanda, Sierra Leone and the International Criminal Court.
  • Incorporation of international law of armed conflict into national law and use of national courts for the prosecution breaches of the laws of armed conflict.
Assessment
Written Assignment 1:
50%
End of module test:
50%
Indicative Reading List
  • Rogers, Law on the Battlefield , 2 nd ed, Juris Publishing, 2004.
  • Dörmann, Doswald-Beck, and Kolb, War Crimes under the Rome Statute of the International Criminal Court Sources and Commentary , Cambridge University Press, 2003
  • Provost, Human Rights and Humanitarian Law , Cambridge University Press, 2002
  • Bouchet-Saulnier, The Practical Guide to Humanitarian Law , Rowman & Littlefield, in conjunction with Médecins Sans Frontères , 2002
  • Ratner & Abrams, Accountability for Human Rights Atrocities in International Law - Beyond the Nuremberg Legacy , 2 nd ed, Oxford University Press, 2001.
  • Kalshoven, Constraints on the waging of war , Geneva, International Committee of the Red Cross, 2001
  • Roberts & Guelff, Documents on the Laws of War , 3 rd ed , Oxford University Press, 2000
  • Fleck, Dieter, ed., The Handbook of Humanitarian Law in Armed Conflict, Oxford University Press, 2000.
  • Sassoli & Bouvier, How does Law protect in War? Cases, Documents and Teaching Materials, on Contemporary Practice in International Humanitarian Law, Geneva, 1999
  • International Committee of the Red Cross, Human Rights and the ICRC: International Humanitarian Law, Geneva, 1993.
  • Kalshoven, Frits & Yves Sandoz, eds., Implementation of International Humanitarian Law, Dordrecht: Nijhoff, 1989.
  • Moir, The Law of Internal Armed Conflict , Cambridge University Press, 2002.
  • Green, The Contemporary Law of Armed Conflict , Martinus Nijhoff Publishers, 1987.
  • Durham, The Changing Face of Conflict and the Efficacy of International Humanitarian Law , Martinus Nijhoff Publishers, 1999.
  • Gardam, Humanitarian Law , Dartmouth, 1999.
  • Strawson, Law after Ground Zero , GlassHouse, 2002.
  • Swinarski (ed.), Studies and Essays on International Humanitarian Law and Red Cross Principles in honour of Jean Pictet , Martinus Nijhoff Publishers, 1984.
  • Sunga, Individual criminal Responsibility on international law for serious human rights violations , Martinus Nijhoff Publishers, 1992.
Programme or List of Programmes

Masters in International Relations ; Masters in Globalisation; MA in International Security and Conflict Studies

Date of Last Revision: November 2004