Introductory description

This module studies the evolution and current practice of the laws of war (which is also referred to as International Humanitarian Law or the Law of Armed Conflict or jus in bello).

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The module would be delivered to cover the following:

1. Mapping the history, philosophy and nature of the Laws of War as currently presented in international law – applying a critical examination of their origins and content and the exclusion and suppression of other voices and traditions regarding war (including examination of the militarization of societies)
2. The legal distinction made between the use of force and conduct within hostilities and between international and internal armed conflicts
3. The approach to the methods and weapons of war and the ‘humanitarian’ principle
4. The protection of civilians and the principle of distinction and proportionality
5. The treatment of Prisoners of war and detainees
6. Duties of ‘occupying’ powers

Learning outcomes

By the end of the module, students should be able to:

• demonstrate detailed knowledge and understanding of the core texts of the laws of war
• apply various critical and philosophical perspectives to that knowledge and understanding
• interpret current and past conflicts in the context of this knowledge, understanding and critique and construct effective and coherent arguments relating to the laws of war accordingly

Indicative reading list

Jeff McMahan Killing in war 2009
Helen Frowe Defensive killing 2018
Pablo Kalmanovitz, The Laws of War in International Thought 2020
Andrew Williams The Iraq abuse allegations and the limits of UK law (2018) Public Law
G. Ferry Oppression Through Protection: A Survey of Femininity in Foundational International Humanitarian Law (2016) Texts in Law and Inequality: A Journal of Theory and Practice
Gary Bass, Jus Post Bellum (2004) Philosophy & Public Affairs
N. Berman Privileging Combat? Contemporary Conflict and the Legal Construction of War (2004) Columbia Journal of Transnational Law
M. Wagner The Dehumanization of International Humanitarian Law: Legal, Ethical, and Political Implications of Autonomous Weapon Systems (2014) Vanderbilt Journal of Transnational Law
Victor Tadros Orwell's Battle with Brittain: Vicarious Liability for Unjust Aggression (2014) Philosophy & Public Affairs
Mark A. Drumbl Reimagining child soldiers in international law and policy (2012)
Saba Bazargan The ethics of war: essays (2017)

Research element

Students will be required to research specific areas of law for their assessments and in relation to group work that may be undertaken during the module

Interdisciplinary

The historical and political contexts of the subject will be key components of study.

International

The subject is focused on international law so has an inherent international quality

Subject specific skills

Critical analysis
Legal argument
Research
Oral presentation
Writing

Transferable skills

Oral and written advocacy
Critical analysis
Research