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261.5 sec. 1 - Armed Conflict and International Law (Fall 2014)Instructor: Kate Jastram (view instructor's teaching evaluations | profile)
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Meeting Time: TuTh 8:35-9:50
Meeting Location: 134
Course Start: August 26, 2014
Course Control Number (Non-1Ls): 49763
The course covers two distinct bodies of law: the ius ad bellum, which governs the legality of the use of force (recourse to armed conflict), and the ius in bello, which governs how it should be fought (conduct of hostilities). The former seeks to limit the occurrence of war, while the latter aims to minimize its effects. Topics will include exceptions to the UN Charter's general prohibition on the use of force; rules regulating the conduct of international and other armed conflicts; the distinction between the protections afforded by the 1949 Geneva Conventions and their 1977 Protocols to combatants and noncombatants, including civilians and POWs; the role of the UN Security Council and the International Committee of the Red Cross; and the relationship of the law of armed conflict to other areas of public international law such as human rights, refugees, and international criminal law. We will also discuss current issues such as applicability to non-international armed conflict and non-state actors, the "war on terror", the Guantanamo detainees, and gender and armed conflict. We will consider means of implementation and enforcement, including Security Council action, the work of the ICRC, and the International Criminal Court.
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A reader will be used in this class.
Instructor has indicated that no books will be assigned.