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Lecturer(s)
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Faix Martin, JUDr. Ph.D.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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The course is divided into twelve (12) study units. Each study is dedicated to addressing specific issues in the law on the use of force and armed conflict. Study Unit 1: Introduction to the Course: This study unit will introduce you to the scope of the course and its overall content. You will have the opportunity to meet your lecturers and raise any preliminary questions about the course. BLOCK 1: LAW ON THE USE OF FORCE Study Unit 2: Fundamental concepts: This study unit will introduce and navigate you through the various concepts found within the use of force and law of armed conflict. Study Unit 3: Historical Development of the Prohibition of the Use of Force : this unit is dedicated to contextualising how the use of military force in international law and how this development went from the right of empires and kingdoms to wage war to today's contemporary prohibition on waging war. Study Unit 4: Contemporary Prohibition of the Use of Force: This study unit will introduce you to the scope and content of the contemporary prohibition of the use of force found in the UN Charter. Study Unit 5: Exceptions to the Prohibition: UN Security Council Authorisation: This study unit will cover the fundamental aspects of the first UN Charter exception to the use of force, UN Security Council authorisation of the use of force by State and international organisations. Study Unit 6: Exceptions to the Prohibition: Individual and Collective Self-Defence: This study unit will cover the second UN Charter based exception to the prohibition of the use of force; actions in respect to individual and collective self-defence. Study Unit 7: Exceptions to the Prohibition: Military Assistance on Request, R2R and Humanitarian Intervention: This study unit covers exceptions to the prohibition found outside of the UN Charter. These primarily include the right of States to request intervention, actions based on the Responsibility to Protect (R2P), and humanitarian intervention. BLOCK 2: LAW OF ARMED CONFLICT Study Unit 8: Introduction to the Law of Armed Conflict and its Scope of Application: This study unit introduces you to second part of the course - the law of armed conflict, and when it applies. Study Unit 9: Fundamental Principles of International Humanitarian Law: This study unit will outline the core principles governing international humanitarian law. Study Unit 10: Application of International Humanitarian Law: Conflict Classification. This study unit will show you the different kinds of conflicts which exist based on who is engaged in the conflict and which rules apply to which kinds of conflicts. Study Unit 11: Means and Methods of Warfare: This study unit will outline the different rules applicable to the conduct of hostilities in so far as there exists restrictions on the kinds of tactics and weapons of war State may make use of. Study Unit 12: Human Rights and International Humanitarian Law: This study unit will dive into international human rights law and its relationship with international humanitarian law.
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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
Students will be required to participate actively in the classes (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. You are also required to check the electronic blackboard regularly for materials and announcements. The final assessment will consist of (and your grade will be based on): " Semester assignments (two course assignments, one quiz): 25% " Reflective essay 25 % " Final course assesment 50 % Detailed explanation of means of assessment will be given to students in the first lecture of the course.
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Recommended literature
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Christine Gray. (2008). International Law and the Use of Force .
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Yoram Dinstein. (2022). The Conduct of Hostilities Under the Law of International Armed Conflict.
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