Modern Warfare: Law and Ethics

Module title	Modern Warfare: Law and Ethics
Module code	SECM026
Academic year	2023/4
Credits	15
Module staff	Dr Aurel Sari (Convenor)

Duration: Term	1	2	3
Duration: Weeks	11

Number students taking module (anticipated)	24

Module description

This module explores the legal and ethical dimensions of contemporary warfare, focusing on the rules of international law governing the use of military force and related ethical principles and considerations. It provides you with an overview of the international legal framework applicable to military deployments, before turning to the rules governing the use of force in international relations and the rules regulating the conduct of hostilities. The module devotes particular attention to current strategic challenges and controversies, including challenges arising below the threshold of open warfare and those presented by (relatively) novel technological developments and domains, such as artificial intelligence, cyber and outer space.

The assessments on this module only apply to those who wish to attain academic credit from the short course.

Module aims - intentions of the module

Modern warfare takes place in a congested normative environment. Rules of domestic and international law, together with broader ethical considerations, make up a complex web of norms in which UK forces operate. While law is typically seen as a constraint on military operations, in reality, it also serves to enable both friendly and hostile forces. Law is thus a vector of national power. As such, it is an integral and significant element of the operating environment, in particular in an age of persistent competition marked by the growing importance of narratives.

Against this background, this module explores the key norms that govern the deployment of military force and (pre)shape the contemporary battlefield. The module aims to deepen and expand participants’ understanding of the subject by covering the core legal frameworks and ethical principles in depth and by exploring some of the most pressing challenges posed by novel technological developments and the broader strategic environment. Participants completing the course will gain a more systematic and nuanced understanding of the legal and ethical aspects of overseas 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 core concepts, principles and norms governing overseas military deployments.
2. Demonstrate critical understanding of the practical and conceptual challenges posed by the contemporary strategic and operating environment to the normative framework of overseas deployments.

ILO: Discipline-specific skills

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

3. Demonstrate a flexible and innovative ability to develop, apply and critically assess legal and ethical arguments, using a wide range of appropriate primary materials and advanced scholarship.
4. Select, integrate, evaluate and present relevant normative arguments, clearly, autonomously and competently.

ILO: Personal and key skills

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

5. Manage relevant learning resources and complex information confidently and independently, developing independent arguments and opinions at a high level.
6. Work independently, within a limited time frame, to complete specified tasks.

Syllabus plan

The syllabus will cover all or some of the following indicative topics:

the basic features of the international legal system;
the legal framework of overseas military deployments;
the basic principles, contemporary challenges and ethical aspects of the law of armed conflict;
the prohibition of the use of force and the right of self-defence;
legal and ethical questions of modern technologies;
the normative framework of persistent competition below the threshold of war.

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

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
18	131	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching	18	Seminars (12 x 1.5 hours)
Guided independent study	21	Preparation for seminars
Guided Independent Study	80	Consolidation and further reading
Guided Independent Study	30	Preparation for summative assessment

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	750 words	1-6	Written feedback with percentage grade

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	100	2,000 words	1-6	Written feedback with percentage grade

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

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Essay (2000 words)	Essay (2000 words)	1-6	Referral/Deferral Period

Re-assessment notes

Deferral – if you miss an assessment for certificated reasons judged acceptable by the Mitigation Committee, you will normally be either deferred in the assessment or an extension may be granted. The mark given for a re-assessment taken as a result of deferral will not be capped and will be treated as it would be if it were your first attempt at the assessment.

Referral – if you have failed the module overall (i.e. a final overall module mark of less than 50%) you will be required to redo the assessment(s) as defined above. If you are successful on referral, your overall module mark will be capped at 50%.

Indicative learning resources - Basic reading

Terry Gill and Dieter Fleck, ‘History and Development of the International Law of Military Operations’, in Gill and Fleck (eds), The Handbook of the International Law of Military Operations (2nd, OUP, 2015).
George Lucas, Ethics and Military Strategy in the 21st Century: Moving Beyond Clausewitz, Chapter 4 (Routledge, 2020)
Laurie Blank, ‘New Technologies and the Interplay between Certainty and Reasonableness’, in Williams and Ford (eds), Complex Battlespaces: The Law of Armed Conflict and the Dynamics of Modern Warfare (OUP, 2018)
Michael Skerker. The Moral Status of Combatants: A New Theory of Just War. Routledge 2020.
Aurel Sari, Hybrid Threats and the Law: Building Legal Resilience (European Centre of Excellence for Countering Hybrid Threats, 2021)

Indicative learning resources - Web based and electronic resources

Key words search

modern warfare, international law, ethics

Credit value	15
Module ECTS	7.5
NQF level (module)	7
Available as distance learning?	No
Origin date	06/09/2023
Last revision date	26/09/2023