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HACT40110

Academic Year 2025/2026

Legal Dimensions of HA (HACT40110)

Subject:
Humanitarian Action
College:
Health & Agricultural Sciences
School:
Agriculture & Food Science
Level:
4 (Masters)
Credits:
5
Module Coordinator:
Dr Ronan McDermott
Trimester:
Autumn
Mode of Delivery:
Blended
Internship Module:
No
How will I be graded?
Letter grades

Curricular information is subject to change.

While humanitarian action often occurs under emergency conditions, it does not operate within a legal vacuum. In any disaster or armed conflict setting a range of legal and institutional arrangements arise that have a bearing on the security and well-being of affected populations. Such arrangements serve to distinguish different categories of individual (e,g., civilian, combatant, refugee) and the circumstances in which they are entitled to protection and assistance. These arrangements are variably promoted and contested by myriad actors including states, non-state armed groups and the international community, and in turn serve to 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.

The overall objective of the module is to equip students with the capacity to understand the above legal and institutional arrangements and how they can be influenced in a manner conducive to the protection and assistance of populations affected by humanitarian crises.

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 of the challenges of promoting and ensuring compliance by states and non-state actors with the legal norms contained therein. The relevance of national and customary legal systems will also be emphasised.

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.

About this Module

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
Autonomous Student Learning

80
Lectures

20
Small Group

10
Conversation Class

15
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. This will enable students to work collaboratively to address the questions posed by case studies provided in class. 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 Component Scale Must Pass Component % of Final Grade In Module Component Repeat Offered
Exam (In-person): 2-hour examination Week 9 Graded No
50
 Yes
Reflective Assignment: Learning journal requiring students to reflect on their learning during the module. Week 7, Week 8, Week 9 Graded Yes
20
 Yes
Group Work Assignment: Group presentation relating to a fact pattern of relevance to a body of relevant international law Week 9 Graded Yes
30
 Yes

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

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
Autumn Lecture Offering 1 Week(s) - 7, 9 Fri 11:00 - 12:50
Autumn Lecture Offering 1 Week(s) - 7, 9 Fri 14:00 - 15:50
Autumn Lecture Offering 1 Week(s) - 18, 19, 20 Fri 14:00 - 16:50
Autumn Lecture Offering 1 Week(s) - 7 Mon 11:00 - 12:50
Autumn Lecture Offering 1 Week(s) - 7 Mon 14:00 - 16:50
Autumn Lecture Offering 1 Week(s) - 7, 8 Thurs 11:00 - 12:50
Autumn Lecture Offering 1 Week(s) - 7, 8 Thurs 14:00 - 15:50
Autumn Lecture Offering 1 Week(s) - 7, 8 Tues 11:00 - 12:50
Autumn Lecture Offering 1 Week(s) - 7, 8 Tues 14:00 - 15:50
Autumn Lecture Offering 1 Week(s) - 7, 8 Wed 11:00 - 12:50
Autumn Lecture Offering 1 Week(s) - 7, 8, 9 Wed 14:00 - 15:50
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