syllabus: international humanitarian law

SYLLABUS: LAW OF WAR IN THE 21st CENTURY
The law of war, also referred to as international humanitarian law (IHL), also referred to as the
law of armed conflict (LOAC), is frequently in the news. It is seldom good news. It is a topic
often under-appreciated by both lawyers and students of the law. Detainees, enemy
combatants, obedience to orders, what constitutes a war crime, military commissions,
indefinite detention, targeted killing, cyber warfare, drones, and associated topics will be
discussed in this brief survey course. Media accounts of these matters often reflect a
misunderstanding or ignorance of IHL/ LOAC. Ill-informed reporters, diplomats with national
agendas, and writers with political or institutional biases, foster incomplete or incorrect views of
IHL/LOAC. We will cover the essential aspects of IHL to help you recognize and understand
IHL issues in world events and assist in discerning the truth behind unclear news accounts.
It is not a course on human rights law, or on national security law. It is not a history
course, and it is not an ethics course. Elements of all those topics are inextricably included – they
cannot and should not be avoided. But they are not our focus.
Given our brief time, not all aspects of LOAC are covered, but we can trace its limits
and scan its high points. We will stress IHL concepts applicable in armed conflicts between
states, and conflicts between states and non-state actors.
Goal of the course: to familiarize you with IHL/LOAC legal issues that are dealt with on today’s
battlefield, often dealt with by young officers and enlisted individuals much like yourselves.
What should you take away form the course? An understanding of the core legal concepts of
modern IHL/LOAC. Also, an understanding of fundamental LOAC issues, including current
American LOAC obligations under multinational treaties and customary law, and how violations
are prosecuted.
Student evaluation. The examination will consist of twelve short-answer essay questions, of
which you must answer ten. Although the examination is open-book, most of the questions will
describe combat scenarios posing IHL/LOAC issues that you are asked to resolve by employing
the basic LOAC concepts and issues we will have discussed. Specific answers for such questions
will not be found in your course materials; you will have to apply the law of war that you have
learned to the situations posed in the questions.
Note: Up to twenty percent of the class may receive additional credit of five points for
class participation, at the instructor’s discretion.
Contacting Professor Solis: Prior to our meetings in The Hague I may be e-mailed at
[email protected] , or telephoned at 703-299-6040. I’ll be glad to answer questions about the
course.
Course texts: The Law of Armed Conflict, by Solis (Cambridge University Press, 2010).
It is not necessary to buy this textbook. It is mentioned only to indicate that it will be
the basis of our discussions. The Geneva Conventions of August 12 1949, and the 1977
Protocols Additional to the Geneva Conventions will also be discussed in our meetings.
Pertinent extracts from the Conventions and Protocols will be provided at our first
meeting. In advance of our meeting you will also receive a CD with chapters from the
course text that cover basic essential IHL/LOAC issues. Reading them before our
meetings will be beneficial to your understanding of our discussions.
CLASS SCHEDULE and READING ASSIGNMENTS
(GC I = 1949 Geneva Convention I. GC III = 1949 Geneva Convention III, et cetera. AP I = 1977
Additional Protocol I, AP II = 1977 Additional Protocol II)
Day 1. What is the law of armed conflict/ international humanitarian law ?
a. Welcome aboard, and guidelines for our meetings
b. The 1949 Geneva Conventions (GCs); centerpiece of IHL/LOAC
References: GC I, Arts. 47, 49, 50, 63
c. The two 1977 Protocols to the 1949 Geneva Conventions; up-dating the GCs
References: Additional Protocol (AP) I, Arts. 11, 43-45, 85; A.P. II, Art. 1
d. Customary international law, multinational treaties, and domestic law
Lecture/discussion
e. Conflict status and the key Geneva Convention common Articles involved
References: GC common Arts. 2-3
Day 2. The 1949 Geneva Conventions – IHL touchstone
a. Civilians and combatants, the sole categories of people on the battlefield
References: AP I, Arts. 43.2, 50.1, 51.2; GC IV, Arts. 4, 27
b. Individual status – determining who’s who on the battlefield
References: GC III, Art. 4.A.; AP I, Art. 46, 47, 51.3; AP II, Art. 13.3
c. The four core concepts of LOAC: distinction, military necessity, unnecessary
suffering, and proportionality
References: AP I, Arts. 48, 35.2, 51.5(b), 57 (2)(b); FM27-10, para. 3.a.
d. Current problem areas: drone strikes and cyber warfare
Lecture/discussion; AP I, Art. 36, 51.2, 51.3
Day 3. What constitutes a violation of IHL?
a. What constitutes a war crime?
Common Art. 50/51/130/147; AP I, Arts. 11.4, 85.3-.4, 87.1
b. Non-state actors and armed opposition groups: their rights and responsibilities
GC IV, arts. 3-5, 27, 32, 49, 78
c. Obedience to orders and command responsibility for IHL/ LOAC violations
Lecture; A.P. I, art. 86
d. Drones and targeted killing
Lecture; AP I, Art. 36; AP I, Art. 51.3
Day 4. Current LOAC issues
a. Guantanamo and military commissions
Lecture
b. Cyber warfare
Lecture
c. “Security detention”
Lecture
d. Student review questions
Helpful Law of Armed Conflict Websites
Stockton is the U.S. Naval War College LOAC e-portal.
Its Internet address is:
www.usnwc.libguides.com/LOAC-IHL . Named after Admiral Charles H. Stockton, an early
Naval War College President and author of the US Navy's first law of armed conflict manual,
Stockton is an excellent "one-stop" research tool for law of armed conflict issues. It is designed
to serve as a single point from which to conduct on-line research into LOAC issues. Stockton has
links to other commonly used websites useful for such research, and contains .pdf’s of frequently
used treaties, military manuals and case law. Stockton also posts important recently released
documents on the home page that are especially relevant or difficult to find.
Another significant website for LOAC/IHL students is that of the International Committee of the
Red Cross (ICRC) and, particularly, its journal, The International Review of the Red Cross.
Articles in past issues of the International Review may be very helpful to any issue you are
interested in or are writing about. (At the top of the ICRC Home page (in English), on the
Resource Center drop-down menu, click on “International Review.”) The use of keywords will
provide authoritative and current materials on most LOAC/IHL topics.
For opinions of the International Criminal Tribunal for the Former Yugoslavia: Google “ICTY,”
click on “The Cases,” then click on the alphabetically listed “Completed Cases.”
For the Judgment and other pertinent documents from the post-World War II Nuremberg
International Military Tribunal, and the twelve Nuremberg “Subsequent Trials”: www.yale.edu .
Follow prompts through “lawweb,” “avalon,” “imt,” and “imt.html.”
Judgments of the International Criminal Court: www.iccnow.org and www.un.org .
The International Court of Justice: www.icj-cij.org
For LOAC/ IHL issues generally: www.icrc.org, www.lawofwar.org, and www.crimesofwar. org.
For US federal and state codes and appellate opinions, see: www.findlaw.com/casecode

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