Glossary

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Law of Armed Conflict - JURD7488

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8188

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

One of the most important areas of international law is the law regulating recourse to and the use of force. It is a unique body of law comprising two separate and distinct bodies of rules: the jus ad bellum, which is the law governing the legality of the resort to force, and the jus in bello, which is the law regulating the conduct of hostilities. The jus in bello is also referred to as humanitarian law, the law of armed conflict, or the laws of war. The law of armed conflict is a body of rules that was developed to protect the most vulnerable groups during armed conflict and to mitigate the deleterious effects of the methods of warfare. Unfortunately, these rules are frequently violated during armed conflicts and this gives rise to the further question of how these rules can be effectively enforced.

Recommended Prior Knowledge

None

Course Objectives

This course aims to:

Provide you with a basic knowledge and understanding of both the substantive and procedural aspects of the law of armed conflict
Introduce you to the basic objectives and principles underlying the rules of armed conflict, including the major treaties, enforcement mechanisms, and the relationship between humanitarian and human rights law
Develop your skills in applying, analyzing and critiquing the relevant principles
Help you to appreciate the dynamic and evolving nature of the laws of war

Main Topics

History and scope of the law of armed conflict (including customary international humanitarian law)
Types of conflict and thresholds of applicability of the law: (i) international conflict; (ii) non-international armed conflict; (iii) self-determination movements; (iv) internationalized armed conflict
Law on the conduct of hostilities: (i) non-combatants; (ii) wounded, sick and shipwrecked; (iii) humanitarian personnel and the protective emblem; (iv) combatants and prisoners of war: status and treatment; (v) spies, mercenaries; (vi) methods of combat; (vii) means of combat; (viii) issues: nuclear weapons, arms control & disarmament, culture, environment
The problem of terrorism and terrorists: status, rights, asymmetrical warfare, necessity, and assassination
The law of occupation
The relationship between human rights law & humanitarian law
Implementation, responsibility and enforcement

Assessment

Class participation (Preparation and engagement in class) 10%
Research essay (6000 words) 90%

Course Texts

Course readers will be available for purchase from the UNSW Bookshop.

Prescribed
to be advised

Recommended
to be advised

Order from UNSW Bookshop