International Humanitarian Law, 15 credits

Aims and objectives

General aims for second cycle education

Second-cycle courses and study programmes shall involve the acquisition of specialist knowledge, competence and skills in relation to first-cycle courses and study programmes, and in addition to the requirements for first-cycle courses and study programmes shall

• further develop the ability of students to integrate and make autonomous use of their knowledge
• develop the students' ability to deal with complex phenomena, issues and situations, and
• develop the students' potential for professional activities that demand considerable autonomy, or for research and development work.

(Higher Education Act, Chapter 1, Section 9)

Course objectives

Knowledge and comprehension
After the course is completed the student:

• has an understanding of particular features of international humanitarian law (IHL), its purpose and function, components and premises,
• has knowledge of the historical perspectives of the developments in IHL,
• has good knowledge about the fundamental principles in humanitarian law, and
• understands the interrelationship between IHL and other parts of international law.

Ability and capacity
After the course is completed the student:

• is able to describe the foundations of IHL and to locate the relevant sources,
• is able to describe and explain central concepts in humanitarian law, and to present concise legal arguments for each topic that has been studied, and
• is able to identify and analyse issues of IHL and apply the rules of IHL in concrete cases. The student’s written and oral capacities are trained.

Valuation and perspective
At the end of the course the student:

• has a critical approach to international legal argumentation and is able to identify and characterise legal premises,
• is able to critically discuss the legal developments in humanitarian law in several topical areas,
• can evaluate the development and application of norms of humanitarian law, and
• is able to reflect over the student’s own future role as a lawyer in relation to international humanitarian law.

Main content of the course

The course examines and analyses the system of international humanitarian law, which is particularly designed to regulate armed conflict and occupation.

During the course, the origins and developments of international humanitarian law are discussed.

During the course sources and application of international humanitarian law for armed conflicts and occupation are discussed in depth, with a focus on the principles that underpin IHL. Furthermore, the student probes the interrelation between IHL and other relevant branches of public international law.

Teaching methods

The methods of study are lectures, seminars, group exercises influenced by problem-based methodology, as well as individual study. Several individual tasks are completed and then discussed in class. Participation in seminars and group exercises is compulsory. Group work constitutes an extensive component of the course. Modern technology such as podcasts and VR can be part of the teaching methods.

Students who have been admitted to and registered on a course have the right to receive tuition and/or supervision for the duration of the time period specified for the particular course to which they were accepted (see, the university's admission regulations (in Swedish)). After that, the right to receive tuition and/or supervision expires.

Examination methods

Compulsory Seminar 1, 4 credits (Code: A001)
Writing of paper on the fundamental features of IHL and presenting and discussing the paper at a seminar. Can give up to 25 credit points.
If a student does not reach the passing grade but is considered to be able to reach it with a limited effort, the examiner may instruct the student to submit a completed (written) assignment. The completion shall be done within two (2) weeks from when the student is assigned the instruction.

Compulsory Seminar 2 (Code: A002)
Participation in seminar (in group), introduction to problem solving in VR environment. Can give 0 credit points.

Compulsory Seminar 3, 2 credits (Code: A003)
Participation in seminar (in group) completion of problem solving in VR environment. Can give up to 15 credit points.

Compulsory Seminar 4, 3 credits (Code: A004)
Participation in a seminar and presenting on selected topic. Can give up to 20 credit points.
If a student does not reach the passing grade but is considered to be able to reach it with a limited effort, the examiner may instruct the student to submit a completed (written) assignment. The completion shall be done within two (2) weeks from when the student is assigned the instruction.

Compulsory Seminar 5, 6 credits (Code: A005)
Writing of a paper on an individually selected topic including analyzing IHL and presenting and discussing the paper at a seminar. Can give up to 40 credit points.
If a student does not reach the passing grade but is considered to be able to reach it with a limited effort, the examiner may instruct the student to submit a completed (written) assignment. The completion shall be done within three (3) weeks from when the student is assigned the instruction.

For students with a documented disability, the university may approve applications for adapted or other forms of examinations.

For further information, see the university's local examination regulations (in Swedish).

Grades

According to the Higher Education Ordinance, Chapter 6, Section 18, a grade is to be awarded on the completion of a course, unless otherwise prescribed by the university. The university may prescribe which grading system shall apply. The grade is to be determined by a teacher specifically appointed by the university (an examiner).

In accordance with university regulations regarding grading systems for first and second-cycle courses (Vice-Chancellor’s decision ORU 2018/00929), one of the following grades shall be used: Fail (U), Pass (G) or Pass with Distinction (VG). For courses that are included in an international Master’s programme (60 or 120 credits) or offered to the university’s incoming exchange students, the grading scale of A-F shall be used. The vice-chancellor, or a person appointed by the vice-chancellor, may decide on exceptions from this provision for a specific course, if there are special grounds.

Grades used on course are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

Compulsory Seminar 1
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 2
Grades used are Participated (DT).

Compulsory Seminar 3
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 4
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 5
Grades used are Fail (U) or Pass (G).

For further information, see the university's local examination regulations (in Swedish).

Comments on grades

The number of credit points from each examination, which reflect the course proportion of each examination, are added together to form the final course grade.
The results from the seminars and presentations are added together to form the final course grade. The student can be given a maximum of 100 credit points during the course. The grade E requires 50 credit points. The grade D requires 60 credit points. The grade C requires 70 credit points. The grade B requires 80 credit points. The grade A requires 90 credit points.

Specific entry requirements

180 credits at the first level out of which 90 credits with increasing depth within law, including an essay (G2E) of 15 credits.
Additional requirements: English Course B/English Course 6.

For further information, see the university's admission regulations (in Swedish).

Transfer of credits for previous studies

Students who have previously completed higher education or other activities are, in accordance with the Higher Education Ordinance, entitled to have these credited towards the current programme, providing that the previous studies or activities meet certain criteria.

For further information, see the university's local credit transfer regulations (in Swedish).

Other provisions

The course is given in English. Some literature and seminar materials may be in Swedish.

Reading list and other teaching materials

Required Reading

Cassese, Antonio (1975)
Weapons Causing Unnecessary Sufferings: Are they Prohibited?
48 Rivista di Diritto Internazionale (pp 192-217)

Clapham, Andrew and Paola Gaeta (2014)
The Oxford handbook of international law in armed conflict
Oxford University Press

Dinstein, Yoram (2016)
The Conduct of Hostilities Under the Law of International Armed Conflict
Cambridge University Press (3rd edition)

Special Issue (2020): Enhancing the Protection of the Environment in Relation to Armed Conflicts – the Draft Principles of the International Law Commission and Beyond
Goettingen Journal of International Law, Vol. 10, No. 1 (2020)

Greenwood, Christopher (1983)
The Relationship between ius ad bellum and ius in bello
9 Review of International Studies

Heffes, Ezequiel, Kotlik D. Marcos and Ventura J. Manuel (2020)
International humanitarian law and non-state actors: debates, law and practice
T.M.C. Asser Press

Henderson, Ian (2009)
Precautions in attacks’ in The contemporary law of targeting. Vol. 25.
Martinus Nijhoff Publishers, (pp 157-196)

Henderson, Ian (2009)
Proportionality’ in The contemporary law of targeting. Vol. 25.
Martinus Nijhoff Publishers, (pp 197-232)

Lubell, Noam (2010)
Extraterritorial use of force against non-state actors
Oxford University Press

Massingham, E., and McConnachie, A. (2021)
Ensuring respect for international humanitarian law (Routledge research in the law of armed conflict)
London: Routledge

Parks, William H., (1973)
Command responsibility for war crimes
62 Military law review

Sasso`li, M., & Nagler, P. (2019)
International humanitarian law: Rules, controversies, and solutions to problems arising in warfare (Principles of international law series)
Elgar

Schmitt, Michael N. (2011)
Military necessity and humanity in international humanitarian law: preserving the delicate balance. Essays on Law and War at the Fault Lines.
TMC Asser Press (pp 89-129)

Additional reading (Legal documents and commentaries)

Henckaerts, Jean-Marie and Louise Doswald-Beck (2005)
Customary International Humanitarian Law Vol. I: Rules; Vol. II: Practice
Cambridge University Press, Cambridge, and International Committee of the Red Cross

International Committee of the Red Cross
Commentary on the First Geneva Convention: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Commentaries on the 1949 Geneva Conventions)
Cambridge University Press

International Committee of the Red Cross
Commentary on the Second Geneva Convention: Convention (II) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Commentaries on the 1949 Geneva Conventions)
Cambridge University Press

International Committee of the Red Cross
Commentary on the Third Geneva Convention: Convention (III) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Commentaries on the 1949 Geneva Conventions)
Cambridge University Press

Pictet, Jean S. (1952)
The Geneva Conventions of 12 August 1949: Commentary Vol I
(Geneva: International Committee of the Red Cross)

Pictet, Jean S., (1960)
The Geneva Conventions of 12 August 1949: Commentary Vol III
(Geneva: International Committee of the Red Cross)

Pictet, Jean S., (1958)
The Geneva Conventions of 12 August 1949: Commentary Vol IV
(Geneva: International Committee of the Red Cross)

Pilloud, Claude, Yves Sandoz, Christophe Swinarski and Bruno Zimmerman, with the collaboration of Jean Pictet, (1987)
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949
The Hague: M. Nijhoff

Roberts, Adam and Richard Guelff,
Documents on the Laws of War (latest edition)
Oxford University Press

Additions and comments to literature list

Additional relevant articles of app 700 pages for the seminars is posted on Blackboard in the beginning of the course.