OADH 4005 - Protecting Victims of Armed Conflicts

Students are passionate about IHL, the last safety net of humanity. They have a dire conscience of its crucial importance for the protection of victims of all armed conflicts in our world which is facing a series of global existential security threats (nuclear, arms race) and collapses (i.e. climate) with the perspective of even more challenging humanitarian consequences. The integrity, relevance and respect of IHL is more than ever vital at a time when the post-1945 multilateral world order is collapsing, when multilateral negotiations forums are blocked, when international law, including IHL and principled humanitarian action are challenged, when its grave violations/war crimes are increasing.
Students shall gain a good theoretical and practical knowledge of IHL, of “how law protects in war” and be involved in debating some of the most difficult challenges facing both IHL and humanitarian action in some of the most challenging environments through interactive debates and working in groups to prepare oral and written reports and presentations.
They shall understand the purely humanitarian essence of IHL and its fundamental principles as well as its historical development, its main sources and instruments, the importance of prevention of the violations of IHL through also the national implementation of IHL, the repression of its violations/war crimes. They shall know and properly use the general and specific norms regulating the protection of civilian persons and objects, in particular the special protection regime of the wounded and sick and of the health care personnel, facilities and medical transports, the missing persons, the IDPs and the migrants as well as the rules regulating principled humanitarian assistance. They shall be familiar as well with the fundamental principles and other norms regulating the conduct of hostilities under IHL (means and methods of warfare), in particular in densely populated areas and about the IHL prohibition of weapons of mass destruction, in particular of nuclear weapons. The shall be introduced to the present – frozen - and upcoming debates on IHL and new technology, in particular the legality of Lethal Autonomous Weapons Systems (LAWS) and cyber-arms/attacks in armed conflicts.
They will also know how to qualify a variety of situations of armed violence as armed conflicts (international and non-international) and belligerent occupation, define the law applicable, as well as have a basic knowledge of international jurisprudence w/r to violations of IHL. Students shall know the respective nature of jus in bello and jus ad bellum and gain a basic understanding of the differences and similarities of IHL and International Human Rights and their complementarity, similarities, differences and interplay in armed conflicts. Contemporary challenges of IHL will be addressed and debated, the existing IHL agendas in various multilateral forums will be presented. They will also get to know the mandate and activities of the International Committee of the Red Cross as well as, of the UN humanitarian agencies and, briefly, the rather large IHL agenda in the United Nations, including the agenda of the UN Security Council on the “protection of civilians in armed conflicts” and of some regional organizations.
Finally, you will know what is a principled “humanitarian action” (and humanitarian actors), the fundamental principles guiding such action and the challenges it faces in today's armed conflicts.

  LEARNING OUTCOMES:

1. Advanced knowledge of both treaty and customary International Humanitarian Law (IHL), of its development, including the law regulating the conduct of hostilities, international criminal law and the contemporary challenges of IHL in today's mostly protracted non-international armed conflicts;

2. Ability to qualify a situation (international and non-international armed conflicts) to determine clearly the IHL obligations of the parties (including of Non-State Armed Groups and of principled humanitarian organizations) to protect and assist persons and objects under their control.

3. A very good knowledge of the general and specific protection regimes of civilian persons and objects, including women and children, the wounded and sick, the health care personnel, facilities and transports.

4.. A very clear knowledge of the essence of the Fundamental Principles/ humanitarian principles guiding humanitarian action, of what is a principled humanitarian action and of the law of humanitarian assistance under IHL.

5. Ability to convincingly analyze a context/situation of armed violence with appropriate, precise legal arguments and references and to draft research papers/essays in full compliance with rigorous formal academic standards.


PROFESSIONAL SKILLS:

1. Critical thinking
2. Research and analysis
3. Problem solving
4. Advocacy
5. Team work (collective / working group)

Laure BIHIET,Patrick ZAHND

Séminaire

English

- Online learning activities: 4 hours a week / 24 hour a semester
- Reading and Preparation for Class: 6 hours a week / 36 hour a semester
- Research and Preparation for Group Work: 18 hours a semester

None. Having a substantial initial legal training in public international law (legal culture), knowledge of international organizations, main multilateral forums can be an advantage.

Autumn 2022-2023

1. Individual final project – 60% of the final grade (10-13 pages, 12, 1,5 space): selected from a proposed list of topics shared before the end of the course This final legal and operational research essay shall be drafted according to strict academic standards (structure, sources, legal knowledge and capacity to argue) and will be evaluated accordingly.
br> 2. Working Group's assignments – 30% of the final grade: 4 WGs shall be composed by students in advance. Each WG is tasked to undertake a research on a specific assigned topic. Some students of each WG shall present it orally live online (supported by a power-point shared previously online with all students). The WGs are invited then to prepare and conduct a debate live online and engage in a brief dialogue with the class. Each presentation shall be strictly time-framed (max. 30') with another 30' for the debate.
br> 3. Individual Participation – 10% of the final grade: assessment of the individual participation during the live online sessions and oral presentations with the respective WG. Students are invited to be engaged proactively in debates and class discussions.
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Very detailed comments and evaluations are shared with students.
The feedback (and grade) for the WGs is provided orally immediately after the debate and with more details in written to the members of each WG.
The final individual essay is evaluated both for its formal academic quality and its substantive dimension including legal knowledge and capacity to argue.
An individual message is sent with the general comments and grades on all assignments and with the final grade.