The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
WAR LAW II: INTRNATIONAL LAW OF ARMED CONFLICT (LAWSG056b) Credit value: 15 credits (6 ECTS)
Dr Kimberley Trapp
Intercollegiate teaching: No
Teaching Method: 10 x two-hour seminars
Who may enrol: LLM students
Barred module combinations: This module cannot be taken with LAWSG056, which is a full module or with LAWSG056A
Practice Assessment: Students may write up tutorial questions and submit them for feedback as a form of formative assessment / exam practice.
Assessment method for LLM students: 3,000 word coursework essay
Assessment method for SIL students: N/A
The title for this module is a misnomer. There is no such thing as ‘war law’.
This module deals with the law that is applicable during armed conflict, or the jus in bello (sometimes also called ‘International Humanitarian Law’). Apart from basic concepts, such as international/non-international armed conflict, combatants/civilians, military objectives, belligerent occupation and the like, we will also discuss the use of weaponry, as well as the interaction of the law of armed conflict with other areas of international law.
(1) Introduction to the Law of Armed Conflict: General Concepts and History
(2) Classification of Armed Conflicts and Commencement/Termination of Hostilities
(3) Combatants and PoWs
(4) Military Objectives and the Principle of Distinction
(5) Civilians and the Principle of Proportionality
(7) Belligerent Occupation
(8) State and Individual Responsibility and Enforcement
(9) International and Non-International Armed Conflicts
The first textbook on the list is preferred, but students remain free to choose.
• Robert Kolb and Richard Hyde, An Introduction to the International Law of Armed Conflicts (Oxford Hart 2008)
• Dieter Fleck (ed), The Handbook of International Humanitarian Law (2d ed Oxford UP 2008)
• Leslie C Green, The Contemporary Law of Armed Conflict (3d ed Manchester UP 2008)
• Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2d ed Cambridge UP 2010)
Students should also have to hand the UN Charter, and the useful collections of materials in Malcolm D Evans (ed) Blackstone’s International Law Documents (9th ed Oxford UP 2009) and, if they wish, Adam Roberts and Robert Guelff (eds) Documents on the Laws of War (3d ed Oxford UP 2000)
Students who have not taken any general module in Public International Law before are strongly advised to read a general textbook in advance of commencing the course. A concise and elegant textbook is Vaughan Lowe, International Law (Oxford UP 2007).
Other students who wish to read in advance can also consult Lowe, above, Chapters 3 and 8, and are also advised to peruse some of the recommended materials and read the introductory chapters. A perusal of the Manual of the Law of Armed Conflict, issued by the UK Ministry of Defence and published by Oxford UP (2004) is also highly interesting and will give students a flavour of the practice of the law of armed conflict.
Other information: N/A
Prizes for this module: There are currently no prizes available for this module.
The application process for the 2013-14 academic session is open.
The deadline for applications to be received has been extended to Monday 1 July 2013
Please refer to the How to apply section for information on the application process.