International Humanitarian Law
The following reading list is common for the courses taught at bachelor’s and master’s level. Note that there are different achievement requirements:
- Master’s level (10 credits): A good understanding is required
- Bachelor’s level (10 credits): A general understanding is required
Course content
International Humanitarian Law (IHL) defines methods and means of warfare in armed conflicts and establishes various forms of protection for civilians, other non-combatants as well as combatants. The rules seek to balance military necessity against fundamental principles of humanity. The principles of proportionality, the principle of distinction between military objectives and civilian objects, as well as the principle on unnecessary suffering and superfluous injury form the basis for this body of law.
The legal bases for IHL are rules of international customary law as well as treaty law, in particular the four Geneva Conventions of 1949 with their additional protocols of 1977, and the Hague Regulations of 1907. In addition there are several specific treaties pertaining to e.g. use of certain weapons and other means of warfare.
The subject International Humanitarian Law is a part of public international law, but does not go in detail into the rules on the legality of warfare (jus ad bellum). The main focus is on which rules apply when there is an armed conflict going on (jus in bello), irrespective of the status of the conflict. International Humanitarian Law has certain contact points with two other subjects under public international law; international criminal law and international human rights law.
Requirements
Achievement requirements for master's level (10 credits)
Achievement requirements for bachelor's level (10 credits)
- The principle on proportionality and military necessity, the principle of distinction between military objectives and civilian objects, as well as the prohibition against means of warfare that may lead to unnecessary suffering and superfluous injury
- The scope of application of International Humanitarian Law in different levels of conflict
- The relationship between International Humanitarian Law and International Human Rights Law, particularly regarding derogation from human rights in armed conflict
- The relationship between International Humanitarian Law and International Criminal Law, including jurisdiction regarding genocide, war crimes and crimes against humanity
- The limitations on means and methods of armed conflicts
- Combatant status and its implications
- Protection of prisoners of war (POW)
- Protection of civilians and non-combatants
- The rules of International Humanitarian Law in relation to acts of terror, and the “war on terror”
- Protection of cultural property
- International peace operations
Students are expected to have knowledge about the following topics:
- The method and sources of international public law in general, and the sources of IHL in particular
- The rules on the legality on the use of force between states (jus ad bellum)
- The historic development of International Humanitarian Law
- National implementation of International Humanitarian Law
Literature
Reading list
- Robert Kolb and Richard Hyde, An Introduction to the International Law of Armed Conflicts (Oxford: Hart, 2008) (294 pages)
- ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law (May 2009) Available at: http://www.icrc.org/eng/assets/files/other/icrc_002_0990.pdf, Part 2.B “The concept of direct participation in hostilities”, pp. 41-68 (28 pages)
- Marco Sassòli, “Terrorism and War”, 4 Journal of International Criminal Justice (2006) pp. 959-981 (23 pages)
Additional literature for master's level:
- Fleck, Dieter (ed.), The Handbook of International Humanitarian Law (Oxford: Oxford University Press, 2nd ed., 2008):
- Chapter 3: Combatants and Non-Combatants (pp. 80-110) (31 pages)
- Chapter 5: Protection of the Civilian Population (pp. 237-319) (83 pages)
- Chapter 7: Protection of Prisoners of war (pp. 367-412) (46 pages)
- Chapter 9: Protection of Cultural Property (pp. 433-471) (39 pages)
- Chapter 12: The Law of Non-International Armed Conflicts (pp. 605-629) (25 pages)
- Chapter 13: International Peace Operations (pp. 635-670) (36 pages)
- Chapter 14: Enforcement of International Humanitarian Law (pp. 675-706) (32 pages)
Supplementary literature
- (Treaty Collection): Buflod, Sannes og Aasebø (ed.): Folkerettslig tekstsamling, (Oslo, Cappelen Akademisk Forlag, 4. utg., 2008.)
- Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Volume I: Rules (Cambridge: Cambridge University Press, 2005).
- Fleck, Dieter (ed.), The Handbook of Humanitarian Law in Armed Conflicts (Oxford: Oxford University Press, 2nd ed., 2008): Chapters not included under “required reading”
- Jean Pictet: The Geneva Conventions of 12 August 1949, Commentary, Vol. I (Geneva, 1952), Vol. II (Geneva, 1960), Vol. III (Geneva, 1960), Vol. IV (Geneva, 1958)
- Yves Sandoz, Christophe Swinarski and Bruno Zimmermann (eds): Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (Geneva: ICRC, 1987)
- Marco Sassòli and Antoine Bouvier: How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law (Vol. I and II) (Geneva: ICRC, 1999)