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Lecturer(s)
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Jílek Dalibor, prof. JUDr. CSc.
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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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Lectures: 1. 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 and its content under current international law. 3. Exceptions from the prohibition of use of force: Self-defence. Humanitarian intervention/R2P. 4. The United Nations as a collective security system and 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. Non-state actors and the use of force. 6. Law of armed conflict ? definition, sources and historical development. 7. Law of armed conflict ? the scope of application. Concept of international/non-international armed conflict. 8. Fundamental Principles of the Law of Armed Conflict. The Hague Law ? means and methods of warfare. 9. The Geneva Law. Combatants and Non-Combatants and their treatment. 10. Implementation and enforcement of the LOAC. Current issues. Seminars: 1. Non-state actors in LOAC ? Organized Armed Groups (such as FARC-Revolutionary Armed Forces of Colombia) 2. Non-state actors in LOAC ? Private Military Contractors 3. The Rise and Fall of the League of Nations (explained on examples). 4. The Hague Peace Conferences and their Contribution to the Development of International Law 5. Henry Dunant and the Creation of the International Committee of the Red Cross 6. "Illegal but legitimate?": the concept of humanitarian intervention/R2P and the 1999 NATO air campaign in Serbia 7. Right to use of force to protect nationals abroad 8. Self-defence, pre-emptive use of force and the ?Caroline test? 9. Use of drones and other UAVs from the viewpoint of international law 10. Protection of cultural heritage under the Law of Armed Conflict + case study 11. Conflict in Syria from the viewpoint of the Law of Armed Conflict 12. Application of LOAC in international military missions 13. Compensation for victims of LOAC violations 14. Children as soldiers ? the problem, its legal regulation and possible criminal responsibility of child soldiers
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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). The course includes lectures of professionals, such as members of the Armed Forces of the Czech Republic.
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).
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Prerequisites
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Completion of this course is not conditional 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): " Attendance 12 % " Active participation 11 % " Presentation 27 % " Final exam (written) 50 % Detailed explanation of means of assessment and of topics for presentations will be given to students in the first lecture of the course. Each group (max. 3 people) will be assigned a topic on which it prepares 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 your colleagues. 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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Dinstein, Yoram. (2005). War, Aggression and Self-Defence, 4th ed.. Cambridge.
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Faix, Martin. (2014). Law of Armed Conflict and Use of Force, Vol. I and II.. Palacký University.
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Gasser, H.P. (1993). Introduction into International Humanitarian Law. Separate Print from H. Haug: Humanity for All.. Bern-Stuttgart-Vienna.
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Gray, Christine. (2008). International Law and the Use of Force 3rd ed. Oxford.
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Sassoli, M., Bouvier, A. (1999). How Does Law Protect in War. Geneve: Mezinárodní výbor Červeného kříže.
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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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