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2025 Spring

HUMANITARIAN LAW AND CRIMINAL JUSTICE - POS330/POS630 Spring 2025


Course
Ariel Reichard
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International Humanitarian Law (HL), also known as the law of armed conflict, serves as a crucial legal framework aimed at mitigating the devastating impact of armed conflicts. The primary purpose of IHL is to regulate and restrict the means and methods of warfare while ensuring the humane treatment of individuals participating in hostilities and civilians alike. Through lectures, class debates and practical exercises, the course will acquaint students with the various aspects of IHL including its history, theory, and practice. Among others, the course will investigate the historical, philosophical and conceptual foundations of IHL, its scope and governing principles, and its relation to other bodies of international law. Finally, the course will focus on some of the contemporary challenges to, and current debates on, IHL. Crucially, the course will also examine the intersections and contradictions between IHL’s legal and moral framework and the perspective of national and international officials who wage modern conflicts. The key themes therefore guiding the course will be whether the goals of IHL and contemporary conflict strategies are compatible, and if not, what changes are necessary to either one.

Here is the course outline:

1. Introduction

Feb 3 6:30pm .. 9:30pm

introduction to IHL, course overview

2. Session 2. Historical Evolution of IHL (Part I)

Feb 10 6:30am .. 9:30am

History and development of IHL part I (19th century)

3. Session 3. History and development of IHL part II

Feb 17 6:30pm .. 9:30pm

History and development of IHL and International Criminal Law part 2 (20th century). This session will also cover the relationship between IHL and other branches of public international law.

4. Session 4: International and Non International Armed Conflicts and the Law of Occupation

Feb 24 6:30pm .. 9:30pm

will review the basic classification between international and non-international armed conflict, and discuss why it matters. We will also practice how to diagnose different types of conflict based on real-life situations that challenge the validity of this distinction.

5. Session 5. Main principles of IHL

Mar 10 6:30pm .. 9:30pm

Session 5 will discuss the basic concepts and principles of IHL such as humanity, necessity, distinction, and proportionality

6. Session 6. Main principles of IHL (continued)

Mar 17 6:30pm .. 9:30pm

7. Session 7. Humanitarian Action and IHL Enforcement: The ICRC and other Agencies

Mar 31 6:30pm .. 9:30pm

What's the role of humanitarian agencies in conflict and specifically on the ICRC? What is the complex impact these “agents of IHL” have on fighting – does their presence strengthens or weakens compliance?

8. Session 8. OCCUPATIONS IN IHL - Rights and Duties of Occupying Powers

Apr 7 6:30pm .. 9:30pm

9. Session 9. International Criminal Law (ICL) and IHL

Apr 14 6:30pm .. 9:30pm

10. Session 10. Implementation and Enforcement Challenges

Apr 28 6:30pm .. 9:30pm

This session will deal with some of the major implementation and enforcement problems associated with IHL and ICL. It will discuss State responsibility for violations under IHL as well as the practical and political obstacles to investigating – and punishing – violations of international law.

11. Session 11. IHL And New Warfare – Cyber, Ai, Space

May 5 6:30pm .. 9:30pm

12. Session 12. The Morality of International Humanitarian Law

May 12 6:30pm .. 9:30pm

13. Session 13. The Future of IHL + Course Review

May 19 6:30pm .. 9:30pm
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