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International Law of Armed Conflict

Module description

In this module you will study the rules of international law governing the conduct of armed conflict. Ever since human beings have organized themselves into political communities, they have engaged in warfare against each other and in attempts to limit the effects of such hostilities. Today, public international law contains two sets of rules regulating recourse to armed force. First, the law on the use of force (also known as the jus ad bellum), which governs when States may resort to armed force in international relations. Second, the law of armed conflict (also known as the jus in bello or international humanitarian law), which comprises rules regulating the conduct of armed hostilities. The present course deals with this second set of rules. Overall the module will provide you with a detailed understanding of the core principles, concepts and rules of the law of armed conflict, focusing in particular on the rules governing land warfare. Although many of these rules are long-standing, recent developments in military technology and tactics—such as the emergence of cyber warfare, the practice of targeted killings or the use of unmanned weapons systems—have given rise to challenging questions concerning their applicability to contemporary battlefields, making this a particularly exciting time to study the subject.

Prior exposure to public international law is recommended, but is not absolutely 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 Student 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 aim of this course is to provide you with a detailed understanding of the core concepts, principles and rules of the law of armed conflict, in particular those governing land warfare, and to introduce you to some of its contemporary challenges. In doing so, the course attempts to shed light on how the law of armed conflict seeks to balance considerations of military necessity and the inevitability of war on the one hand with humanitarian values and the need to limit human suffering on the other hand.

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 rules of the law of armed conflict with a particular emphasis on the rules applicable to land warfare;
• 2. Demonstrate critical understanding of the practical and conceptual challenges arising in the implementation of the law of armed conflict;

ILO: Discipline-specific skills

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

• 3. Demonstrate flexible and innovative ability to develop, apply and critically assess international legal arguments, using a wide range of appropriate primary materials and advanced scholarship;
• 4. Select, integrate, evaluate and present relevant law and complex legal 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, and to develop own arguments and opinions at a very high level;
• 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:

• Introduction to the Law of Armed Conflict
• Material, Geographical and Temporal Scope of Application
• Personal Scope of Application
• Targeting
• Means of Warfare
• Methods of Warfare
• Detention in Armed Conflict
• LOAC and International Human Rights Law
• The Law of Non-International Armed Conflict
• Humanitarian Assistance

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)

Indicative learning resources - Basic reading

D. Fleck (ed), The Handbook of Humanitarian Law in Armed Conflicts (3^rd edn, 2013)

Y. Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (3^rd edn, 2016)

G. D. Solis, The Law of Armed Conflict: International Humanitarian Law in War (2^nd, 2016);

R. Kolb and R. Hyde, An Introduction to the International Law of Armed Conflicts (2008)

UK Ministry of Defence, The Manual on the Law of Armed Conflict (2004, OUP)

Indicative learning resources - Web based and electronic resources

International Committee of the Red Cross: http://www.icrc.org/

International Review of the Red Cross: http://www.icrc.org/eng/resources/international-review/index.jsp

International Law Department, US Naval War College: http://www.usnwc.libguides.com/LOAC-IHL

International Criminal Tribunal for the former Yugoslavia: http://www.icty.org/

United Nations War Crimes Commission Law Reports of Trials of War Criminals (LRTWC): http://www.loc.gov/rr/frd/Military_Law/law-reports-trials-war-criminals.html

Key words search

law of armed conflict, international humanitarian law, law of war, armed conflict, war, public international law