DDRO 25A77 - Violence, Force, and International Law

Against the background of daily reports of violent events around the world, this course offers an introduction to the complex relationship between violence, force, and the law. Though prevalent in most human societies, violence is usually seen as an unacceptable social phenomenon. Whenever they have adopted laws to regulate the relationships between their members, human societies have typically made preventing violence one of their legal systems' core functions. Yet, paradoxically, because violence seems inevitable, the law usually carves out conditions under which force can be used to prevent or end violence. In other words, a “legitimate” form of violence can be used against an “illegitimate” one. Looking at current events involving instances of violence—both at the international and domestic levels—the main point of contention is often to determine whether violence is legitimate: is it legitimate for a state to use force against another to protect some of its citizens? Is it legitimate for another to conduct targeted killings against suspected “terrorists” in the context of an armed conflict? Is it legitimate for police officers to fire rubber bullets at protesters in order to prevent the destruction of private property? This course will attempt to answer these and other similar contemporary questions by examining the norms of international law regulating the use of force in states' international and domestic affairs. It will focus on the three main instances in which violence (force) can be considered legitimate: 1) in law enforcement operations, 2) in the relations between states (also known as jus ad bellum), 3) in the conduct of hostilities (or jus in bello). By the end of this course, in addition to gaining insights into the general place of violence in contemporary societies, students will have acquired a basic knowledge of the international legal norms regulating the use of force at the international and domestic levels and will be able to apply them to concrete situations. In doing so, students will also have gained exposure to international law more generally—including some of its main branches such as public international law, international human rights law, and international humanitarian law—and will understand its strengths and weaknesses, as well as its relevance to international and public affairs.

Cyprien FLUZIN

Séminaire

English

This course does not have any formal prerequisites. Some exposure to law and/or international law is an asset, although the basic frameworks, concepts, and mechanisms of international law will be covered in class.

Autumn 2023-2024

The assessment methods for this class will aim to ensure: 1) that students acquire basic knowledge and understanding of the main legal frameworks examined, 2) that they can put their knowledge into practice by applying legal concepts to real-life situations, and 3) that they engage critically and creatively with the variety of issues discussed. Specifically, each student will be assessed as follows: Moot court/group debate (50%), comprising oral arguments as well as a short written memorandum for each group: students will form teams who will present opposing arguments regarding the lawfulness of a real-life instance of use of force involving either 1) a law enforcement operation, 2) the resort to force at the international level, 3) the conduct of hostilities in an armed conflict. More information will be provided at the beginning of the course. Multiple choice quizzes (30%): students will take three short in-class tests (with 10 multiple choice questions each) assessing their knowledge of each of the course's three main chapters. Class participation (20%): attendance and proactive participation in class discussions.