Course Syllabus
Humanitarian Law and Armed Conflict 
| Semester & Location: |
Spring 2018- DIS Copenhagen |
| Type & Credits: |
Core Course - 3 credits |
| Core Course Study Tours: |
Kosovo |
| Major Disciplines: |
International Relations, Political Science, Pre-Law, Legal Studies |
| Faculty Members: |
Kenneth Øhlenschlæger Buhl: kebu@fak.dk |
| Program Director: |
Iben De Neergaard, idn@dis.dk |
| Program Assistant |
Holly Querin, hqu@dis.dk |
| Time & Place: |
Mondays and Thursdays 8.30-9.50 Location: V10-A14 |
Course description
This course provides students with a general understanding of the international legal regulation of armed conflict – including humanitarian law, human rights law and international criminal law. The aim of the course is to enable students to understand the legal challenges of current and future armed conflicts, as well as enable them to critically analyze and evaluate concrete cases using both legal and political analysis. This is achieved by applying knowledge from readings and classes to a number of contemporary case studies with a specific emphasis on the post-conflict Balkans.
Instructor
Commander Kenneth Øhlenschlæger Buhl
Ph.D. (International Law, University of Southern Denmark), LLM (University of Copenhagen). Research interests include International law, focusing on international humanitarian law, law of the sea, international human rights law, and interdisciplinary studies with international relations theory. Work experience includes 36 years with the Royal Danish Navy, including operational service in submarines and patrol frigates, various staff and academic assignments, and five tours as legal advisor in international missions. Currently assigned to the Institute for Strategy at the Royal Danish Defense College. With DIS since 2017.
Course objectives
Through selected readings, class discussions, study tours and various assignments, the objectives of this course are for the students to:
- Understand the historical development and nature of international humanitarian law.
- Understand the main principles of international humanitarian law.
- Be able to apply the rules of humanitarian law to concrete cases.
- Be able to identify and distinguish between legal aspects and politics aspects of concrete cases.
- Understand the interplay between humanitarian law, human rights law and international criminal law in conflict scenarios.
- Gain an understanding of the reality and practical concerns affecting the implementation of obligations under international law;
- Identify and discuss the main issues related to international accountability for war crimes.
- Acquire a thorough hands-on experience with post-Cold War conflict in Europe/the Balkans – and the clash between theory and practice.
- Increase their ability to write analytical papers using legal argumentation supported by political considerations where appropriate.
Prerequisites
Students are required to have taken a course in political science or human rights law. Students must expect the first few classes to be of a more technical legal nature in order to introduce the basic legal method, international humanitarian law, human rights law and international criminal law, which are essential to fully benefit from the course.
Course requirements
- Three research papers;
- Participation (preparation for class, active participation during discussions in class with inputs based on facts, law, analysis and reflection);
- Group presentation of a court case, a UN Security Council Resolution, a relevant conflict or question.
Main themes
This course is divided into 5 different blocks reflecting the main themes that are treated throughout the course.
- An introduction to international law and legal methodology.
- An overview of the law on the use of force – the so-called jus ad bellum.
- Humanitarian law and human rights law – jus in belloregulating the conduct of warfare.
- The Balkan wars, Kosovo’s independence and international accountability for war crimes.
- Controversial issues in current and future conflicts.
Readings
- Emily Crawford and Alison Pert, International Humanitarian Law, Cambridge University Press, 2015 [textbook].
- Selected readings from academic journals, Security Council resolutions, court cases, legal opinions and textbooks relevant to the individual topics and international treaties and conventions (all to be made available on Canvas), including but not limited to:
Study questions are assigned for each class. They are meant as a guide while reading the assigned texts – thus enabling students to focus on the essential issues that will be covered in each class.
Note: Some of the readings might be subject to change during the course, but students will receive any new readings in due time to prepare for class.
Policies
Policy on late hand-in of synopses:
Papers handed in late will not be accepted.
Use of laptops or phones in class:
The use of laptops is allowed only for taking notes. The use of mobile phones in class is not allowed.
Evaluation and grading
- Participation and attendance: 20%
- Group presentation: 20%
- Research paper 1: 10%
- Research paper 2: 20%
- Final research paper: 30%
Your work during the semester will be evaluated based upon your engaged classroom participation, your presentation of relevant assignments, the two research papers and the final research paper.
Attendance in all classes, participation in class debates and study visits are mandatory. You are required to come to class on time, be well prepared and to take an active part in discussions and presentations.
The quality of each student’s work in group activities will be considered as part of the class participation grade. In other words, it will not be enough to “be there” for at group activity, you must be a productive participant in the process and your work must contribute significantly to the final project.
Collective feedback to research papers will be given orally in class. Individual feedback will be given as a grade and students will receive written comments to the two research papers as well.
In order to receive a passing grade for the class you must turn in all assigned work.
Academic Regulations
Please make sure to read the Academic Regulations on the DIS website. There you will find regulations on:
Course Summary:
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