International Humanitarian Law

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Course Description

International Humanitarian Law (IHL), also known as the Law of War or the Law of Armed Conflict, is a set of rules intended, on humanitarian grounds, to mitigate the harmful effects of armed conflict. IHL has existed since ancient civilizations and is an integral part of the history of human warfare. IHL guides warring parties regarding the procedures for waging war, limiting the use of force, mitigating the impacts of war, and protecting civilians. The extent to which IHL has succeeded in achieving these objectives remains an open question, especially given the complexities of contemporary war and armed conflict.

The study of IHL has long been a part of the discipline of International Relations. The discipline of International Relations, one of its raison d’etre (reasons for understanding the causes of war), has also been deeply involved in the study of IHL. Realists in IR adhere to the principle of “inter arma silent leges,” which translates as “in times of war, the law becomes silent.” This group believes that when faced with a threat to life, humans will abandon all the values of civilization they hold dear. Does this perspective align with empirical experience in war? Many disagree.

The increasingly asymmetric nature of contemporary armed conflict presents unique challenges for IHL, which was originally designed to anticipate interstate wars. IHL has been widely criticized for its inability to regulate the war against terrorism, which has resulted in numerous civilian casualties. However, many also believe that the failure to protect civilians lies not with IHL as a set of rules, but with states that choose to interpret IHL narrowly.


Expected Learning Outcome

  1. Classify armed conflict situations and introduce the rules that apply when armed conflict occurs.
  2. Examine and test the reasons for the need for IHL, especially in the contemporary context.
  3. Assess the basic principles, scope, and concepts of IHL.
  4. Properly evaluate the limitations stipulated in IHL in terms of methods and weapons.
  5. Properly debate issues that are debated in IHL studies.
  6. Raise awareness about the dangers of war and its consequences.

Syllabus

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International Humanitarian Law