This seminar explores the historical development, nature, and operation of International Humanitarian Law (IHL), the body of public international law governing conduct during armed conflict, which is also referred to as the Law of Armed Conflict (LOAC) or the Law of War. This course will provide students the opportunity to explore key aspects of IHL and pursue in-depth research into an issue of IHL via a paper on the topic of their choosing in collaboration with the professors.

This course will establish the foundation, concept, and purpose of IHL by examining the historical development of IHL through Law of Geneva (protection of victims of war) and Law of the Hague (means and methods of warfare), as well as the difference between Jus ad Bellum and Jus in Bello. Students will also explore the main sources of contemporary IHL including the Hague Conventions of 1899 and 1907, the Geneva Conventions of 1949 and their Additional Protocols of 1977, as well as the Mine Ban Treaty and the Cluster Munitions Convention. Using the four main principles of IHL (proportionality, necessity, distinction, and humanity), students will analyze the application of IHL to real-world cases such as the airstrike of a hospital in Kunduz, the bombing of a funeral in Yemen, and targeting of essential services in Syria, to name a few. Additionally, students will have the chance to assess the difference between an armed conflict, determine whether it is an international armed conflict (IAC) or non-international armed conflict (NIAC), or other situation of violence and determine which IHL rules applies. Throughout the course, students will gain an understanding of the reality and practical concerns affecting the implementation of IHL obligations.

Other discrete topics to be examined include the minimum standards of protection of civilians and non-combatants from the effects of conflict; standards for detention under IHL, including permissible duration and treatment and trial of detainees; the role of the International Committee of the Red Cross in monitoring IHL; specific protections for women, children and persons with disabilities; safeguarding medical personnel and humanitarian access in situations of armed conflict; case studies on the regulation of the means and methods of warfare, including the use of anti-personnel mines and cluster munitions; the interplay between international human rights law and IHL; accountability under international criminal law for IHL violations; how IHL is applied to NIACs (by far the most common type of contemporary conflict); the application of IHL to the war on terror; and the efficacy of IHL in contemporary conflicts and its prospects for regulating remote warfare (including cyber warfare and autonomous weapons).