Course Syllabus

International Humanitarian Law and Armed Conflict B

 

Semester & Location:	Fall 2022 - DIS Copenhagen
Type & Credits:	Core - 3 credits
Study Tours:	Geneva, Switzerland
Major Disciplines:	International Relations, Political Science, Pre-Law, Legal Studies
Expectations to the students:	Students must expect the course to focus on international law introducing the basic legal methods and the key sources of law, international humanitarian law, human rights law and international criminal law, which are essential to fully benefit from the course. Students are expected to combine their legal analysis with perspectives on international relations seen from states, IOs and NGOs.
Faculty Members:	Instructor: Dorthe Bach Nyemann Assistant instructor: Alexander Hviid Current students use canvas inbox to contact us
Program Contact:	Embla Thorsdottir, eth@dis.dk
Time & Place:	Mondays & Thursdays 0830 - 0950 Location: V10-A32

 

Course Description

This course provides students tools to reflect on the international legal regulation of armed conflict in the context of international law, historic and contemporary conflicts and challenges associated with the application of armed force for political objectives. The course aims to enable students to understand the legal challenges of the current and future armed conflicts, as well as enable them to critically analyze and evaluate concrete cases using both a legal, a societal and a political point of view. This is achieved by applying knowledge from readings, academic presentations and debates in class including a moot court exercise.

The course is composed of three sections.

In the first section, we introduce the academic field of international law and provide the student with an overview of international law related to armed conflict (jus as Bellum) and international humanitarian law (jus in Bello) e.g. the sources of law, conflict classification, the basic legal principles and a broad overview of the most important rules regulating armed conflict. 

In section two, we dive into the contemporary challenges of IHL and engage the students in the analysis regarding issues i.e. the problem of diminishing compliance, modern technology and methods in warfare and the interplay with European Human Rights Law (IHRL).

In section three,  we apply the law to selected cases and visit institutions that work directly with IHL issues to gain deeper insight into their perspectives and foster critical thinking and individual reflection among the students. 

Learning 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 including the humanitarian movement in Europe since 1859.
• Understand and apply the general principles and rules of International Humanitarian Law.
• Apply the rules of International Humanitarian Law to concrete cases in both international armed conflicts and non-international armed conflicts with a focus on the current armed conflict in Ukraine.
• Understand the interplay between humanitarian law, human rights law and international criminal law.
• Analyze and discuss the challenges related to regulating the usage of modern technology in armed conflicts eg. artificial intelligence, autonomous weapons, unmanned aerial vehicles (drones) and cybering of the reality and practical concerns affecting the implementation of obligations under international law;
• Identify and discuss the main issues related to enhancing compliance with International Humanitarian Law in contemporary conflicts and related to means and methods of warfare.

 

Faculty

Dorthe Bach Nyemann

DIS Copenhagen Semester Faculty

Master in Politics and History from University of Copenhagen 2000. Graduated in courses on International Law at the Master of International Security and Law from the University of Southern Denmark in 2015. Worked as a teacher and planner of education at the Danish Army Academy for Junior Officers from 2005 to 2015. Currently employed at the Royal Danish Defence College researching cyber security and hybrid threats. Areas of expertise as a teacher are International Relations, International Law, and the art of writing large assignments. Engaged in international working groups related to the topic of my research. With DIS since 2021.

Alexander Hviid

MSc (International Security & Law, University of Southern Denmark), M.A. (Social Science, University of Copenhagen). Full-time faculty at DIS and external lecturer at Center for War Studies, University of Southern Denmark. Areas of expertise and research interests include international law, Arctic geopolitics and cyberwarfare. Work experience with the Institute for Strategy at the Royal Danish Defense College and the Royal Danish Naval College. With DIS since 2016.

Assignments

During the course, the student must produce two smaller assignments and a final essay. Furthermore, the student must play a proactive role in the conduct of Moot court role play. Finally, and highly important for the success of this course the student must engage actively and participate with a positive attitude. This includes preparation for class, and active participation during class discussions based on facts, law, analysis and reflection, however, most importantly students must get involved when we meet representatives from different organisations working with international humanitarian law.

See the assignment tab for instructional details.

Weight:

Activity	Weight	Remark
Assignments during course	30%	1200 words excl. bibliography
Final Essay	50%	2500 words excl. bibliography
Participation in class	20%

Readings

• Emily Crawford and Alison Pert, International Humanitarian Law, 2. nd. Cambridge University Press, 2021 [textbook].
• How does the law (IHL) protect in armed conflict - ICRC Casebook
• Collection of relevant treaties (ICRC):  International Humanitarian Law - Treaties and Documents
• ICRC, International Humanitarian Law and the Challenges of Contemporary Armed Conflict in 2019
• Find specific readings for each class under sections.

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.

Field Studies

Field Study 1: Visit the Danish Red Cross in Copenhagen. The objective is to learn about the role of the ICRC in the development of IHL and the protection of civilians and non-combatants in armed conflict. 

Field Study 2: Visit Frederiksberg Castle, The Danish Army Academy

Guest Lecturers

Dr Marc Schack; Regulation of cyber warfare. The Royal Danish Defence College

Dr Peter Vedel Kessing. To learn about the interplay between International Humanitarian Law and European Human Rights law. The Danish Institute of Human Rights.

Dr Iben Yde; Regulating artificial intelligence in weaponry. The Royal Danish Defence College.

Dr Johanathan Somer, Armed non-state groups in NIACs. The Danish Red Cross.

Approach to Teaching

This course will be a combination of lectures and a discussion-based course using case studies as well as group work. The teaching will facilitate a reflective learning process as well as critical and constructive feedback, that aims to sharpen the analytical skills as well as the overall academic methodology of the students. Faculty strive to apply modern didactics and learning methods i.e. flipped classroom philosophy.

Reading reflection techniques will be applied.

Expectations of the Students

As the course is partly a discussion-based course and case studies, a high degree of student participation, preparation and engagement are required. Throughout the course, you will also have to develop and practice your own critical thinking by analyzing texts, concepts, and specific cases to understand the complexity of the field of international law.

Study Tours

Study tours are an integral part of the core course as we take the classroom on the road and see how the theory presented in the classroom is translated into practice in the field.

You will travel with your classmates and DIS faculty/staff on a study tour to Northwestern Jutland and Geneva in Switzerland. 

In the short study tour and throughout the core-course week, we will explore the impact of antipersonnel landmines on civilians during and after an armed conflict. We will learn about the general regulation of means and methods of warfare and dive into the specifics of landmines. We will visit the Northwestern coast of Jutland to explore the role of landmines during the second world war, the clean-up over decades afterwards and how demining takes place around the globe today including in Ukraine.

In the long study tour, we will travel to Geneva in Switzerland.  The overarching theme for the tour is to explore perspectives on the neutrality status of Switzerland and the unique role it has given the city of Geneva as the international hub for humanity i.e. international organizations, peace processes and not least International Humanitarian Law. In Geneva, we will visit the International Committee of The Red Cross and Red Crescent and follow the humanitarian trail of the red cross. We will particularly focus on the special status of the ICRC as the proponent for IHL and its efforts to enhance compliance with IHL. We will visit various international organizations e.g. UNHCR where we will focus on refugee law and The Geneva Centre for Humanitarian Dialogue(Hd) where we will focus on the prospects of humanitarian mediation. Not least, we will enjoy the unique culture of central Europe and not least the alps. 

 Expectations for study tours:

• Participate in all activities.
• Engage in discussions, ask questions, and contribute to achieving the learning objectives.
• Respect the destination, the speakers, the DIS staff, and your classmates.
• Represent yourself, your home university and DIS in a positive light.

While on a program study tour DIS will provide hostel/hotel accommodation, transportation to/from the destination(s), approx. 2 meals per day and entrances, guides, and visits relevant to your area of study or the destination. You will receive a more detailed itinerary before departure.

Travel policies:

You are required to travel with your group to the destination. If you have to deviate from the group travel plans, you need approval from the program director and the study tours office.