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LAW42020

Academic Year 2024/2025

Law of Armed Conflict (LAW42020)

Subject:
Law
College:
Social Sciences & Law
School:
Law
Level:
4 (Masters)
Credits:
10
Module Coordinator:
Dr Amrei Muller
Trimester:
Spring
Mode of Delivery:
On Campus
Internship Module:
No
How will I be graded?
Letter grades

Curricular information is subject to change.

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 armed conflicts. Current developments, including technological, are discussed too.

About this Module

Learning Outcomes:

By the end of the module students should be able to:
• Explain the origin, relevance, realism and modes of operation of the LOAC in past and contemporary armed conflicts, as well as the challenges it meets;
• Demonstrate knowledge of the fundamental principles, treaty provisions and customary rules of the LOAC, including the need to draw a legal distinction between the various categories of armed conflicts, persons and objects to which different rules of the LOAC apply;
• Examine the relationship between the LOAC and human rights law, and apply both bodies of law concurrently;
• Explain and assess the implementation mechanisms of the LOAC; and
• Relate and apply LOAC concepts and rules to real-life events and critically evaluate legal arguments brought forward by states, non-state armed groups and various other actors involved in armed conflicts.

Indicative Module Content:

Substantive topics for 2025 will be (subject to any amendment):
(1) The Law of Armed Conflict, its rationale, core principles and limits.
(2) The separation of the jus ad bellum from the jus in bello (LOAC) and the sources of the LOAC.
(3) The scope of application of the LOAC: international and non-international armed conflicts (IACs and NIACs).
(4) The principle of distinction and the protection of combatants, prisoners of war (POWs) and persons directly participating in hostilities (DPH).
(5) The protection of civilians in enemy controlled areas, including occupied territories.
(6) The relationship between the LOAC and international human rights law.
(7) The conduct of hostilities.
(8) The protection of the wounded and sick; access to healthcare.
(9) The law of NIACs and non-state armed groups.
(10) Introduction to implementation and judicial enforcement of the LOAC.

Student Effort Hours:
Student Effort Type Hours
Specified Learning Activities

83

Autonomous Student Learning

145

Seminar (or Webinar)

24

Total

252


Approaches to Teaching and Learning:
The teaching format is 12x2 hour seminars. Seminars comprise introductions by the coordinator, discussions based on requested reading, and the study and discussion of cases and materials relating to past and on-going armed conflicts as well as current developments.

Students will also be asked to make short small-group presentations analysing legal aspects of case studies and answering questions in subsequent discussions. This allows students to develop their skills to relate the law, its concepts and theory to practice, and to critically evaluate the broader consequences of adopting different interpretations of LOAC rules.

Students on this module are expected to have read and understood the UCD Academic Integrity Policy and the School Protocol on Academic Integrity. Students must ensure that they comply with all requirements laid down therein and avoid academic misconduct. Students are not permitted to use generative artificial intelligence, or other machine learning technology, in their learning and in completing assessments on this module. Students are expected to follow Oscola Ireland in citing sources in completing assessments.

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
Group Work Assignment: Presentation: 15-20 minute small group (2-3 students) presentation on legal aspects of a case study, guided by questions provided in advance. Discussion of case study in class. Week 3, Week 4, Week 5, Week 6, Week 7, Week 8, Week 9, Week 10, Week 11, Week 12 Graded No
20
No
Assignment(Including Essay): Essay: 4000 word essay. Students will be able to choose from essay questions on a number of topics covered by the module.
Essays are due for submission in week 14.
Week 14 Graded No
80
No

Carry forward of passed components
Yes
 

Resit In Terminal Exam
Autumn No
Please see Student Jargon Buster for more information about remediation types and timing. 

Feedback Strategy/Strategies

• Feedback individually to students, post-assessment

How will my Feedback be Delivered?

Individual written feedback is provided on essays. Oral feedback is provided immediately on group presentations, including through in-class discussions of the presented case study after it has been presented.

Students will be provided with topic by topic reading lists in this course.

Students will be referred (as appropriate) to the following primary legal materials:

(1) LOAC treaties available on the website of the International Committee of the Red Cross (ICRC): https://ihl-databases.icrc.org/en/ihl-treaties/treaties-and-states-parties
(2) The ICRC's Study on Customary International Humanitarian Law: https://ihl-databases.icrc.org/en/customary-ihl
(3) International human rights treaties: https://www.ohchr.org/en/publications/reference-publications/core-international-human-rights-treaties; and the European Convention on Human Rights: https://www.echr.coe.int/documents/d/echr/Convention_ENG
(4) Case law of the International Court of Justice (ICJ) (https://www.icj-cij.org/list-of-all-cases); the International Criminal Court (ICC) (https://www.icc-cpi.int/cases); the International Criminal Tribunal for the Former Yugoslavia (ICTY) (https://www.icty.org/en/cases); and the International Criminal Tribunal for Rwanda (ICTR) (https://unictr.irmct.org/en/cases)
(5) Case law of the European Court of Human Rights (ECtHR) (https://hudoc.echr.coe.int/eng); and documents of the UN treaty bodies (https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx)

Students will be referred (as appropriate) to the following secondary legal materials:

(1) The ICRC's detailed Commentaries on the four Geneva Conventions and Additional Protocols thereto:https://ihl-databases.icrc.org/en/ihl-treaties/geneva-conventions-1949additional-protocols-and-their-commentaries.
(2) Textbooks, in particular: Marco Sassoli, International Humanitarian Law. Rules, Controversies, and Solutions to Problems Arising in Warfare (2nd edn, Edward Elgar 2024), available as an e-book in UCD Library.
(3) Journal articles. Students should get used to consulting leading journals on issues in relation to the LOAC. Journal articles you are referred to in this module are regularly available from UCD Library online.
(4) Other texts will be placed on weekly reading lists.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
Spring Lecture Offering 1 Week(s) - 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33 Mon 11:00 - 12:50