LAW42020

It is an unfortunate fact of our contemporary reality that armed conflicts continue in many countries around the world, claiming a considerable number of direct and indirect victims. This module examines the branch of public international law that protects those victims whilst respecting (limited) military interests of the parties to armed conflicts: the Law of Armed Conflict (LOAC), also known as International Humanitarian Law (IHL). In addition, the module analyses the operation of the LOAC in past and on-going armed conflicts.

After introducing the LOAC, its origin, purpose, limits and main principles, the module sheds light on the separation between the LOAC and the ius ad bellum; its sources; its scope of application encompassing international and non-international armed conflicts; the operation of the principle of distinction between civilians, combatants and persons directly participating in hostilities; the conduct of hostilities; the protection of the wounded and sick and medical facilities; the evolving relationship between the LOAC and human rights law; the application of the LOAC to non-state armed groups; as well as the implementation and enforcement of the LOAC.

Throughout, the module seeks to critically examine, explain and address the gap between the well-developed rules of the LOAC and the contemporary practice of warring parties to recent armed conflicts.