International Law and Armed Conflict

This option covers the range of international law rules that applies to states and others with regard to their conduct in armed conflict. In the first part of the option, we review the law on recourse to force (the jus ad bellum). In this part, we will examine the meaning and scope of the prohibition of the use of force before turning to the exceptions and claimed exceptions to that prohibition. We will consider individual and collective self-defence, including self defence in response to attacks by non-state armed groups; humanitarian intervention and the UN collective security scheme. 

In the second part of the option, we review the law applicable during armed conflict (the jus in bello or international humanitarian law), after discussing the classification of armed conflicts as international or non-international. This review will cover: (i) the law relating to detention of persons in armed conflict, including prisoner of war status and the protections accorded to detained civilians; and (ii) the law governing the conduct of hostilities especially the rules relating to targeting. 

The third part of the course will consider the application of human rights law in armed conflict. In this part, there will be consideration of the extraterritorial application of human rights treaties, the relationship between human rights law and international humanitarian law as well as the relationship between human rights law and the jus ad bellum.

Assessment is by way of examination at the end of the course.