HACT40110 Legal Dimensions of HA

Academic Year 2021/2022

While humanitarian action often occurs under emergency conditions, it does not operate within a legal vacuum. The international community has developed a range of legal mechanisms that serve to protect and assist conflict- and disaster-affected populations. The overall objective of the module is to familiarise students with the key legal instruments, concepts and issues of international law as they relate to humanitarian action and to enable them to apply this learning to concrete cases.

Legal mechanisms can serve to define the categories of individuals and the circumstances within which they are entitled to protection and relief. Together with a range of softer forms of governance such as standards and codes of conduct they also constrain and enable humanitarian aid workers, aid agencies and governments engaged in the humanitarian arena. The development of an understanding of the legal dimensions of humanitarian action and how to engage with them will help equip students to contribute to more efficient, effective and equitable humanitarian action.

Relevant bodies of international law addressed by the module include international humanitarian law, international human rights law, refugee law and disaster law. Students will be appraised not only of the legal content of these bodies of international law but also the challenges of promoting and ensuring compliance by states and non-state actors with the legal norms contained therein. The module is an element of the second component (Core Course, 25 ECTS) of the NOHA Joint Master’s Degree in International Humanitarian Action to be completed during the first semester. It is a compulsory part of the curriculum and is a requirement for obtaining the MSc in Humanitarian Action.

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Curricular information is subject to change

Learning Outcomes:

It is intended that students achieve the following learning outcomes by the end of this module:

• A good understanding of the basic concepts of international law.
• An ability to identify different aspects of international law and their implications for humanitarian action.
• An ability to apply key legal instruments.
• The principal skills for applying mechanisms of dispute settlement.
• The ability to convince as far as legal argumentation in humanitarian action is concerned.
• A clear understanding of the possibilities and limits to the applicability and enforcement of international law.
• The capacity to introduce personal responsibility.

Indicative Module Content:

- Introduction to Legal Methodology
- International Humanitarian Law I
- International Humanitarian Law II
- Legal Regime of Humanitarian Action in Armed Conflict
- Legal Regime of Humanitarian Action in Non-Armed Conflict Settings
- International Human Rights Law I
- International Human Rights Law II
- Forced Displacement and International Law

Student Effort Hours: 
Student Effort Type Hours
Lectures

20
Small Group

10
Conversation Class

15
Autonomous Student Learning

80
Total

125
Approaches to Teaching and Learning:
The module will employ a combination of lectures and problem-based learning to achieve the learning outcomes identified. Students are expected to attend each lecture/seminar having read the advance reading and viewed pre-recorded lectures assigned. This will enable students to work collaboratively to address the questions posed by case studies provided in class. Students are encouraged to engage in classroom exercises where possible within the constraints imposed in order to contain the current pandemic. Learning materials will be released in Brightspace during the course of the module.
 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Open Book Exam (Take home examination) Unspecified Yes Graded Yes

100

Carry forward of passed components
Yes
 
Remediation Type Remediation Timing
In-Module Resit Prior to relevant Programme Exam Board
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Feedback individually to students, on an activity or draft prior to summative assessment
• Peer review activities
• Self-assessment activities

How will my Feedback be Delivered?

Students will received ongoing regular feedback as part of the learning process. The open book (take home) exam will be graded.

o Vaisviliene, R. (2018) ‘International Humanitarian Law’, in Heintze, H. J. and P. Thielbörger (eds), International Humanitarian Action, Heidelberg: Springer
o Shaw, M. (2017) International Law, Cambridge, UK: CUP, Chapter 20
o Mikos-Skuza, E. (2018) ‘Public International Law’, in Heintze, H. J. and P. Thielbörger (eds), International Humanitarian Action, Heidelberg: Springer
o Shaw, M. (2017) International Law, Cambridge, UK: CUP [Chapters 2, 3 & 5, electronic version available in UCD Library website]
o Cassese, A. (2005) International Law, Oxford: OUP, Chapter 20
o D. Fleck (ed.) (2008) The Handbook of International Humanitarian Law,
Oxford: OUP
o Kalshoven, F. & L. Zegveld (2011) Constraints on the Waging of War; An Introduction to International Humanitarian Law, 4th edition, Geneva: ICRC [3rd edition available to download on ICRC website]
o ICRC, International Humanitarian Law: Answers to your Questions, Geneva: ICRC [available on ICRC website)
o Shaw, M. (2017) International Law, Cambridge, UK: CUP [Chapters 1 and 4]
o Cassese, A. (2005) International Law, Oxford: OUP
o Spieker, H. (2011) ‘The right to give and receive humanitarian assistance’, in H.-J. Heintze and A. Zwitter (eds.) International Law and Humanitarian Assistance, Heidelberg: Springer [available on Brightspace]
o Barber, R. (2009) ‘Facilitating assistance in international humanitarian and human rights law’, International Review of the Red Cross, Vol. 91, 371-387
o McDermott, R. (2018) ‘Disaster Law’, in Heintze, H. J. and P. Thielbörger (eds), International Humanitarian Action, Heidelberg: Springer
o Sivakumaran, S. (2015) Arbitrary Withholding of Consent to Humanitarian Assistance in Situations of Disaster, International and Comparative Law Quarterly, Vol. 64, pp 501-531
o de Guttry, A. (2020). Is the International Community Ready for the Next Pandemic Wave? A Legal Analysis of the Preparedness Rules Codified in Universal Instruments and of their Impact in the Light of the COVID-19 Experience, Global Jurist (published online ahead of print), 20200038.
o Heintze, H.-J. & Lülf, C. (2018) ‘Protection of Refugees and Minorities’, in Heintze, H.-J. and P. Thielbörger (eds), International Humanitarian Action, Heidelberg: Springer (pp.209-218)


Name Role
Assoc Professor Pat Gibbons Lecturer / Co-Lecturer
Dr Heike Spieker Lecturer / Co-Lecturer