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The International Law of Military Operations

Module description

This module examines the rules of international law governing military operations outside the context of armed conflict. States have deployed their armed forces abroad to wage war for centuries. However, States also frequently deploy their troops abroad for other, non-combat missions. In fact, such deployments have become a standard feature of contemporary international relations. States regularly send their armed forces abroad to participate in operations ranging from training and humanitarian missions to counter-piracy and peace support operations. Such deployments raise a wide range of questions under international law. What is the legal basis of the presence of foreign forces? What legal regimes govern their activities? Are foreign troops bound to respect human rights during their missions? Who is responsible for damage and injury caused by multinational forces? The present module is designed to address these and related questions by offering you a unique opportunity to gain a more comprehensive understanding of the legal framework governing military operations.

Prior exposure to public international law is recommended, but is not essential for the study of this module. Students who have not studied public international law in the past are advised to undertake additional introductory reading and will be offered specific guidance.

Students enrolled on this module are members of the Exeter Centre for International Law and are expected to participate in relevant events of the Centre as part of this module.

Module aims - intentions of the module

The module aims to provide you with a detailed understanding of the rules of international law governing the presence, status and conduct of military operations abroad outside the context of armed conflict. You will explore an area of law that is highly relevant in practice and that offers you an opportunity to deepen your understanding of the legal challenges raised by foreign military deployments.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. demonstrate detailed knowledge of the legal framework regulating the presence, status and conduct of military operations under international law;
• 2. demonstrate critical understanding of the relationship between the distinct rules and legal regimes of international law applicable to the deployment of foreign armed forces;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. develop, apply and critically assess international legal arguments, using a wide range of appropriate primary materials and advanced scholarship;
• 4. demonstrate critical understanding of the relationship between the different branches and sources of rules of law, including potential norm conflicts, and between legal and non-legal considerations impacting on legal argument and advice;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. process and evaluate effectively a substantial body of complex and sometimes contradictory legal and non-legal information;
• 6. communicate and engage in debate effectively and accurately.
• 7. work independently, within a limited time frame, to complete a specified task.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• presence and mandate of foreign forces
• jurisdiction and immunity
• status of forces agreements
• peacekeeping and peace support operations
• legal aspects of multinational operations
• ROE, self-defence and force protection
• military operations at sea
• international responsibility and the armed forces
• legal implications of the changing character of warfare.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Re-assessment notes

None

Indicative learning resources - Basic reading

• D. Fleck and T. Gill (eds), The Handbook of the International Law of Military Operations (2^nd , 2015)
• G. S. Corn, R. E. VanLandingham and S. R. Reeves, U.S. Military Operations: Law, Policy, and Practice (2015)
• D. Fleck (ed), The Handbook of the Law of Visiting Forces (OUP, 2001)
• M. Zwanenburg, Accountability of Peace Support Operations (Nijhoff, 2005)

Indicative learning resources - Web based and electronic resources

• ELE: http://vle.exeter.ac.uk/ 
• United Nations: www.un.org/en/
• NATO basic texts: http://www.nato.int/cps/en/natolive/57772.htm
• HeinOnline: http://heinonline.org/
• Opinio Juris (blog): http://opiniojuris.org/
• EJIL:Talk! (blog): http://www.ejiltalk.org/

Key words search

Military operations, law of visiting forces, status of forces agreements, peace support operations, peacekeeping, public international law