o x f o r d l a w - graduate taught courses: international law and armed conflict

oxford law

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International Law and Armed Conflict
This course will examine the international law issues which arise in relation to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement. The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.


			text: larger smaller

	International Law and Armed Conflict This course will examine the international law issues which arise in relation to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement. The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.