78016 International Humanitarian Law
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006 Public International Law OR 70108c Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject examines all the major areas of international humanitarian law. It covers the traditional topics of the laws of armed conflict and the laws in war, in addition to considering more recently emerged fields such as refugee law, peacekeeping operations and international crimes. The subject aims to situate each of these areas within the historical, philosophical and political contexts in which they have, and continue to be, developed. Moreover, there is an emphasis on the analysis of international humanitarian law through issues that have arisen by virtue of recent events, such as the proliferation of internal conflicts and the reaction to international terrorism.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and apply the doctrines, and the philosophical, judicial, political context that apply in IHL |
|---|---|
| 2. | Think creatively in approaching legal issues, applying doctrinal as well as critical knowledge of IHL to written work and class discussion |
| 3. | Research and write about IHL to an advanced academic standard |
| 4. | Collaborate with peers to solve complex problems and apply IHL to a range of factual and hypothetical scenarios |
| 5. | To construct a well-reasoned, justifiable and logical argument about IHL, through oral communication with peers and in written work |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: Preparation for Seminars
Materials and instruction are designed to enable you to gain fundamental knowledge of the history, sources and legal principles of IHL. You should read and reflect on the materials before coming to class.
Strategy 2: Case studies
You will work with case studies, both contemporary and from recent history, that are designed to help you gain concrete skills in the interpretation and application of IHL, and to generate class discussion on the associated difficulties and problems.
Strategy 3: Collaborative problem-solving
You will work in small groups to solve hypothetical and real-life problems that build and examine your understanding of the fundamental principles of IHL and your ability to apply this knowledge to novel situations.
Subject Delivery:
Teaching for the subject will be by way of structured classes individually dedicated to discrete topics. Each class will function as a seminar, with a strong emphasis on your in-class participation. While the lecturer will normally introduce the principal information for each seminar and provide a framework with which to analyse the information, the seminar mode will operate throughout the class, and you are encouraged and expected to intervene with questions and comments, as well as to lead the discussions. In most seminars, there will be significant class time devoted to small group discussion and problem-solving.
Assessment
Assessment task 1: Research Outline
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0 |
|---|---|
| Weight: | 5% |
| Length: | 300 words |
Assessment task 2: Research Essay
| Intent: | Will develop and examine the capacity to conduct research and write a paper to an academic standard Will develop and examine the capacity to critically analyse issues that have arisen and continue to arise in IHL |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0 and 4.0 |
| Weight: | 65% |
| Length: | 3,900 words |
Assessment task 3: Seminar Participation
| Intent: | Will develop and examine the student's knowledge of the customary and conventional rules of IHL Will develop and examine the student's understanding of the philosophical and political problems associated with the prescription, interpretation, implementation and enforcement of IHL Will develop and examine the capacity to communicate verbally to an academic standard |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0 and 5.0 |
| Weight: | 30% |
Required texts
The prescribed text for this course is Emily Crawford & Alison Pert, International Humanitarian Law (Cambridge University Press, 2015).
Students are also required to read set of specially selected supplementary materials, all of which will be available as eReadings or accessible through the library's eJournal collection. A full reading guide will be distributed in class and posted on UTSOnline prior to the commencement of the course.
References
Key Conventions
- Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entry into force 21 October 1950) (First Geneva Convention)
- Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entry into force 21 October 1950) (Second Geneva Convention)
- Geneva Convention (III) relative to the Treatment of Prisoners of War, 12 August 1949 (entry into force 21 October 1950) (Third Geneva Convention)
- Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entry into force 21 October 1950) (Fourth Geneva Convention)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entry into force 7 December 1978) (First Additional Protocol)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entry into force 7 December 1978) (Second Additional Protocol)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem, 8 December 2005 (entry into force 14 January 2007) (Third Additional Protocol)
- Hague Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, 29 July 1899 (entry into force 9 September 1900) (1899 Hague Regulations)
- Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, 18 October 1907 (1907 Hague Regulations)
Documents and Materials
- Adam Robers and Richard Guelff (eds), Documents on the Laws of War (3rd ed, Clarendon Press, 2000)
- Dietrich Schindler and Jiri Toman, The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents (4th ed, Martinus Nijhoff, 2004)
Commentary on the Geneva Conventions and the 1977 Additional Protocols
These excellent commentaries are freely available online at http://www.icrc.org/ihl:
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (International Committee of the Red Cross, Geneva, 1952)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 relative to the Protection of Civilian Persons in Time of War (International Committee of the Red Cross, Geneva, 1956)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 relative to the Treatment of Prisoners of War (International Committee of the Red Cross, Geneva, 1958)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (International Committee of the Red Cross, Geneva, 1959)
- Yves Sandoz et al (eds), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (International Committee of the Red Cross, Geneva, 1986)
Other commentaries:
- Michael Bothe et al, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949 (Martinus Nijhoff, The Hague, 1982)
- Jean-François Quéguiner, ‘Commentary on the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)’ (2007) 865 International Review of the Red Cross 175 – 208
Basic International Humanitarian Law Texts
- Ingrid Detter, The Law of War (2nd ed, Cambridge University Press, 2000)
- Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2nd ed, Cambridge University Press, 2004)
- Dieter Fleck (ed), The Handbook of International Humanitarian Law (3rd ed) (Oxford University Press, 2013)
- Hans-Peter Gasser, International Humanitarian Law: An Introduction (2nd ed, Henri Dunant Institute, 1998)
- Leslie Green, Contemporary Law of Armed Conflict (Manchester University Press, 2000)
- Frits Kalshoven and Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to International Humanitarian Law (4th ed, Cambridge University Press, 2011)
- Edward Kwakwa, The International Law of Armed Conflict: Personal and Material Fields of Application (Kluwer, 1992)
- René Provost, International Human Rights and Humanitarian Law (Cambridge University Press, 2002)
- Anthony Rogers, Law on the Battlefield (Manchester University Press, 2000)
- Marco Sassòli, Antoine A Bouvier and Anne Quintin (eds), How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law (3rd ed, ICRC, 2011)
- Gary Solis, The Law of Armed Conflict: International Humanitarian Law in War (Cambridge University Press, 2010)
Customary International Humanitarian Law
- Louise Doswald-Beck and Jean-Marie Henckaerts, Customary International Humanitarian Law (Cambridge University Press, 2005). This very lengthy work is in three volumes. The introduction to ‘Volume I: Rules’ is likely to be of most assistance to you in this course. The publishers have now made a pdf version of this book available for free download, accessible at http://www.icrc.org/eng/resources/documents/publication/pcustom.htm
- Jean-Marie Henckaerts, ‘Study on Customary International Humanitarian Law: A Contribution to the Understanding and Respect for the Rule of Law in Armed Conflict’ (2005) 857 International Review of the Red Cross 175–187
- International Committee of the Red Cross, Customary International Humanitarian Law Database, updated regularly: http://www.icrc.org/customary-ihl/eng/docs/home
