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Lecturer(s)
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Faix Martin, JUDr. Ph.D.
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Bradley Martha Magdalena, prof.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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STRUCTURE AND TOPICS 1.Introduction. Historical development of the law on prohibition of use of force. Ius ad bellum / ius in bello. 2.The principle of non-use of force. Its content under current international law. 3.Exceptions from the prohibition of use of force ? an unsettled issue? Self-defence (Art. 51 of the UN Charter and customary law). Humanitarian intervention/R2P. 4.Collective security. The United Nations as a collective security system. The role of the UN Security Council. 5.Regional arrangements under Chapter VIII of the UN-Charter, their role and status in the field of international security. Peacekeeping by the UN and regional organizations. 6.Non-state actors/groups, terrorism and the use of force. 7.Law of armed conflict ? definition, sources and historical development. 8.Law of armed conflict ? the scope of application. Concept of international/non-international armed conflict. 9.Fundamental Principles of the Law of Armed Conflict. The Hague Law ? means and methods of warfare. 10.The Geneva Law. Combatants and Non-Combatants and their treatment. 11.Role of the ICRC, international organizations. Implementation and enforcement of LOAC. 12.Complementary nature of the LOAC and human rights. Current issues ? privatization of wars.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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Use of force in international relations is a topic omnipresent in the media, international practice and academic writing. More importantly, as its prohibition by a peremptory norm of international law shows, it is an aspect of utmost importance for the existence international community. Nevertheless, the international legal foundations of the use of force are being constantly challenged, which makes participation in an academic course focusing on questions of the use of force (ius ad/contra bellum) and laws applicable when there is a war (ius in bello) an interesting, but at the same time also a challenging undertaking. In this course, students will be introduced to major aspects of international law on the prohibition of use of force and the law of armed conflict (LOAC). Participants who have successfully completed this course should have a sound knowledge of and understand the prohibition of the use of force and its exceptions, as well as the current debates on some major aspects of this topic. Students should also gain basic knowledge of historical developments of the law of armed conflict, understand thoroughly relevant international treaties (especially the four Geneva Conventions and their Additional Protocols) and the scope of application of LOAC, and finally have an appreciation of some of the contemporary debates which have occurred in the context of recent conflicts (Iraq, Libya). It is intended to include lectures of professionals in this course, such as members of the Armed Forces of the Czech Republic.
Students after successful completing subject, should have a sound command of and understand the prohibition of the use of force and its exceptions, as well as the current debates on some major aspects of this topic. The course gives to the student a comprehensive overview of the rules and institutes in the field of Use of Force. Students should also gain elementary command of historical developments of the law of armed conflict, understand thoroughly relevant international treaties (especially the four Geneva Conventions and their Additional Protocols) and the scope of application of LOAC, and finally have an appreciation of some of the contemporary debates which have occurred in the context of recent conflicts.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses.
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Assessment methods and criteria
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Mark
Active participation by the students in the classes is required (students will be expected to present their views on the issues when asked and to respond to questions in the class), follow the current developments in international community, work with relevant documents and literature and fulfil tasks assigned to them. Please note that reading and other preparation for the course will be expected. The students will be also required to check the electronic blackboard regularly for materials and announcements. The final assessment will consist of (and the grade of the student will be based on): " Attendance 12 % " Active participation 11 % " Oral presentation 27 % " Final written test 50 % Detailed clarification of means of assessment and of topics for presentations will be given to students in the introductory lecture of the course. The students will be devided into groups. Each group (max. 3 members) will be assigned a topic on which the group memeber prepare an in-class presentation. The topics of the presentations are indicated below. Presentations should be creative, informative and establish a clear link to the respective course topic. The length of presentations shall not exceed 15 minutes (you will be stopped after 15 min.). Each presentation must be accompanied by a handout (max. 2 pages) for the rest class members. The handout shall summarize your findings in brief and give your colleagues an overview about the topic of your presentation. Each group member must participate in the in-class presentation in order to receive credit for the assignment. Groups must turn in their presentation and the handout to the lecturer one week before the in class presentation at the latest, both in hardcopy and via email. Finally, please ensure that your presentations meet the standard formal requirements (bibliography, etc.). In case of plagiarism, you will receive an F in the course.
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Recommended literature
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Christine Gray. (2008). International Law and the Use of Force . Oxford University Press.
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Yoram Dinstein. (2022). The Conduct of Hostilities Under the Law of International Armed Conflict. Cambridge University Press.
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