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The Law of Armed Conflicts


Semesterangivelse: Efterårs kursus

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk

Semester:

Autumn
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvarlig: Anders Henriksen
Andre undervisere: Lecturers, Special Advisor to the Judge Advocate General Jes Rynkeby Knudsen and Judge Advocate Peter Otken
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2012/2013
Undervisnings- periode: Every wednesday 8-10 and every friday 8-10
1. day: Wednesday 5. september 2012
Formål: The objective is to introduce students to the comprehensive body of international law of armed conflicts, and relate this to conflicts around the world. There are lots of contemporary examples of internal and international armed conflicts which have unveiled not only the significance and importance, but also the challenges to and shortcomings of contemporary international law of armed conflict. The course will also seek to discuss the laws of armed conflict vis a vis human rights law proper and examine the applicability of these two bodies of law in modern crisis response and military security operations.
Indhold:
The course is introduced by a survey of the basic concepts and categories of the Law of Armed Conflicts (Jus ad Bellum, Jus in Bello, Customary International Law, Neutrality and Disarmament) and un Peace and Security.
  • Jus ad Bellum; The provisions of the UN Charter will be examined together with customary law in order to delimit the right to resort to armed force.
  • Laws of Armed Conflict; the Geneva Conventions 1949 and the Additional Protocols 1977; the UN Weapons Convention and the various categories of weapons; sanctions and State responsibility; settlement of conflicts.
  • How does human rights work together with the laws of armed conflicts?
  • Case study on a conflict; background, security measures, the role of the UN.
  • Kompetence- beskrivelse: The objective of the course is to enable the students to:
    - Explain the comprehensive body of international law of armed conflicts,
    - Put the concepts of jus contra bellum the jus ad bellum and jus in bello into perspective
    - Discuss this body of law to conflicts around the world and to analyse the applicability of the law of armed conflicts in different conflict scenarios, including internal- and international conflicts.
    - Identify and discuss challenges to and shortcomings of contemporary international law of armed conflict.
    - Discuss the laws of armed conflict vis a vis human rights law proper and examine the applicability of these two bodies of law in modern crisis response- and military security operations.
    - Critically to reflect upon issues of particular, contemporary relevance in the field of the law of armed conflicts, including combatancy, the definition of military objectives, the application of the principle of necessity to new and existing munitions and weapon systems and
    - Explain and discuss means of holding perpetrators criminally responsible to different types of breaches of the law of armed conflicts.
    - Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
    Faglige forudsætninger: Students must be able to read, understand and speak English at an academic level and are expected to work in smaller groups between and during sessions and to present selected cases in class.
    Eksamensform: Oral exam without preparation, 20 minutes
    Eksamen: 10. - 14. December 2012 (preliminary dates)
    Kursus hjemmeside:
    Pensum: UK Ministry of Defence: The Law of Armed Conflicts (Oxford University Press)
    Knudsen and Otken: Collection of Cases and Materials on the Laws of Armed Conflicts 2009
    Required Readings cover app. 500 pages.
    Sidst redigeret: 30/3-2012



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