78016 International Humanitarian Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70616 Australian Constitutional Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject examines all the major areas of international humanitarian law (IHL). It covers the traditional topics of the laws of armed conflict and the laws in war, in addition to considering more recently emerged fields such as refugee law, peacekeeping operations and international crimes. The subject aims to situate each of these areas within the historical, philosophical and political contexts in which they have, and continue to be, developed. Moreover, there is an emphasis on the analysis of international humanitarian law through issues that have arisen by virtue of recent events, such as the proliferation of internal conflicts and the reaction to international terrorism. Through the use of role-plays and real-life case studies, this subject takes international law 'out of the books' in order to equip students with the tools to develop their skills in critical analysis, research and communication. This subject invites students to consider the place of law in war, and to reflect on the role of lawyers in facilitating and limiting violence in war.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and articulate the doctrines of international humanitarian law within the relevant philosophical, judicial and political contexts; |
|---|---|
| 2. | Think creatively in approaching legal issues, applying doctrinal as well as critical knowledge of IHL to oral and written communication; |
| 3. | Apply critical analysis creatively to researching and writing about IHL; |
| 4. | Collaborate with peers to solve complex problems and apply IHL to a range of factual and hypothetical scenarios; |
| 5. | Construct and convey well-reasoned, justifiable and logical arguments about IHL, in class and in written work. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1 – Preparation for seminars (GAs 4.0 & 5.0)
Students undertake significant preparation before class to take full advantage of the opportunity to participate and apply knowledge to legal problems and issues during seminars. A detailed Study Guide sets out required readings for the subject as well as an extensive list of additional materials, which students explore according to their interests. The required readings have been carefully selected and are of varying complexity. Some readings may be especially challenging and these should be completed safe in the knowledge that clarification and guidance will be given in class. By reading difficult texts, students extend their abilities in critical reading and analysis but there is no expectation that students should understand everything right away. Preparation for some classes also entails required viewing of documentaries and other multimedia. It is critical that students undertake this preparation, allowing time to watch full length films, in order to make the most of the in-class activities that follow. As this subject covers distressing material students may prefer to watch the documentaries during the day rather than right before bed. Students also monitor news sources for updates about ongoing armed conflict situations, particularly whichever conflict is assigned as an ongoing case study. Students come to class ready to contribute to class discussions and ask any questions that arise after completing the required preparation.
Strategy 2 – Participation in class discussion (GAs 3.0 & 5.0)
Seminar classes are introduced by directed learning (lectures by the teacher), to establish context and identify issues, which is followed by discussion, to explore matters of policy and areas of contention. Seminars are discussion orientated and each class member is expected to participate. Class members will also be assigned ongoing case studies and collaborative role play scenarios (see Strategy 3).
Class discussions provide an opportunity for students to build on their independent study and critically explore, analyse and reflect on a range of relevant issues as well as to develop and evaluate their own policy and regulatory positions. Students are able to gain valuable feedback from their colleagues and the teacher and at the same time develop their oral communication skills.
Strategy 3 – Case studies and collaborative role plays (GAs 3.0, 4.0 & 5.0)
A strong emphasis on case studies and role plays provides students with opportunities to develop knowledge of international humanitarian law and a mechanism for developing skills in critical analysis and evaluation. By applying the law and policy of IHL to case studies students develop a strong sense of the contests at the edges of, and within, the lex specialis of IHL. In this way, students are able to more clearly see its promise and its limitations.
At the commencement of the subject students are assigned a real-life, ongoing conflict situation to follow in the news and to which they will apply the law as their doctrinal knowledge develops. This forms the basis of the ongoing case study (part of Assessment task 1). Students use this ongoing case study to give examples of the practical application of the law in class and, in so doing, develop specialist knowledge of a particular conflict and help to educate peers in this area of expertise.
Students also take part in collaborative role play exercises to test and extend their understanding of the content and praxis of IHL. The role play exercises are impromptu, and build upon and test learning gained through preparation for class. In some instances, exercises respond to real-life footage of armed conflict or to real-life policy statements from key actors in armed conflicts; in other instances, students work together or on opposing teams to respond to hypothetical armed conflict situations. In varying assigned roles (for instance, as an ICRC delegate, a government policy advisor, a refugee advocate or a commander in the armed forces), students gain a practical sense of how different actors in armed conflict deploy and interpret IHL. The collaborative role play exercises also offer an opportunity for formative feedback in every class (see Strategy 5).
Strategy 4 – Guided development of advanced critical writing (GAs 3.0, 4.0 & 5.0)
The subject is structured to enable the guided development of students’ research and writing. Students complete an advanced-level research essay (Assessment task 3), which builds on the legal research and critical reading/writing skills that are developed in class. In-class critical reading exercises help to build students’ research skills. Students are offered formative feedback on their research essay outlines (Assessment task 2), after first having the opportunity to discuss their proposed research strategy in class.
Strategy 5 – Feedback
By participating in class discussion, presenting material relating to ongoing case studies and engaging in complex role plays, students have an opportunity to test their learning and gain feedback from their teacher and peers. Informal feedback of this sort commences in the very first class, and is intended to help students build their analytical, technical and critical skills in international humanitarian law over the duration of the subject. Further opportunities for feedback arise as students identify and compose a research topic and strategy. Students will receive written feedback on their essay topic proposals and final essay.
Content (topics)
- What is International Humanitarian Law ('IHL')?
- Sources of IHL
- IHL and Public International Law
- Protected Persons: The Wounded, Sick and Shipwrecked; Medical and Religious Personnel
- Classification of Conflicts and Applicable Law
- Protected Persons: Prisoners of War
- Protected Persons: Civilians in the Hands of the Enemy
- Torture in the ‘War on Terror’
- IHL, Lawyers and Professional Ethics
- Privatisation of Contemporary Force
- Conduct of Hostilities
- The Means of Warfare: Weapons
- Gender Perspectives on IHL
- Emerging Issues for IHL
Assessment
Assessment task 1: Seminar Participation
| Intent: | Students develop and examine their knowledge of the customary and conventional rules of IHL and their understanding of the philosophical and political problems associated with the prescription, interpretation, implementation and enforcement of IHL by collaborating with their peers to share knowledge and exchange ideas. Students practise and develop their capacity to communicate verbally to an academic standard. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 25% |
| Length: | 1,000 words (equivalent) |
| Criteria: |
|
Assessment task 2: Research Outline
| Intent: | The aim of the Research Outline is for students to plan and articulate their approach to a question relevant to the subject. Students must identify an approach that can be articulated clearly and for which source material of sufficient range and depth is available to support an argument. Completing the Research Outline ensures that students begin at an early stage to consider their Research Essay and also enables timely feedback and guidance on their proposed question and approach. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1 and LAW.4.1 |
| Weight: | 10% |
| Length: | 500 words |
| Criteria: |
|
Assessment task 3: Research Essay
| Intent: | Students develop and examine their capacity to conduct research and write a paper to an academic standard, and demonstrate an ability to critically analyse issues that arise in IHL. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1 and LAW.4.1 |
| Weight: | 65% |
| Length: | 3,500 words |
| Criteria: |
|
Required texts
The prescribed text for this subject is Emily Crawford & Alison Pert, International Humanitarian Law (2nd Edition, Cambridge University Press, 2020).
Students are also required to read a set of specially selected supplementary materials, all of which will be available as eReadings or accessible through the library's eJournal collection. A full Study Guide will be posted on Canvas prior to the commencement of the subject.
References
Key Conventions
- Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entry into force 21 October 1950) (First Geneva Convention)
- Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (entry into force 21 October 1950) (Second Geneva Convention)
- Geneva Convention (III) relative to the Treatment of Prisoners of War, 12 August 1949 (entry into force 21 October 1950) (Third Geneva Convention)
- Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949 (entry into force 21 October 1950) (Fourth Geneva Convention)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (entry into force 7 December 1978) (First Additional Protocol)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entry into force 7 December 1978) (Second Additional Protocol)
- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem, 8 December 2005 (entry into force 14 January 2007) (Third Additional Protocol)
- Hague Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, 29 July 1899 (entry into force 9 September 1900) (1899 Hague Regulations)
- Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land, 18 October 1907 (1907 Hague Regulations)
Documents and Materials
- Adam Robers and Richard Guelff (eds), Documents on the Laws of War (3rd ed, Clarendon Press, 2000)
- Dietrich Schindler and Jiri Toman, The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents (4th ed, Martinus Nijhoff, 2004)
Commentary on the Geneva Conventions and the 1977 Additional Protocols
These excellent commentaries are freely available online at http://www.icrc.org/ihl:
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (International Committee of the Red Cross, Geneva, 1952)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 relative to the Protection of Civilian Persons in Time of War (International Committee of the Red Cross, Geneva, 1956)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 relative to the Treatment of Prisoners of War (International Committee of the Red Cross, Geneva, 1958)
- Jean Pictet (ed), Commentary on the Geneva Conventions of 12 August 1949 for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (International Committee of the Red Cross, Geneva, 1959)
- Yves Sandoz et al (eds), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (International Committee of the Red Cross, Geneva, 1986)
Other commentaries:
- Michael Bothe et al, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949 (Martinus Nijhoff, The Hague, 1982)
- Jean-François Quéguiner, ‘Commentary on the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)’ (2007) 865 International Review of the Red Cross 175 – 208
Basic International Humanitarian Law Texts
- Ingrid Detter, The Law of War (2nd ed, Cambridge University Press, 2000)
- Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2nd ed, Cambridge University Press, 2004)
- Dieter Fleck (ed), The Handbook of International Humanitarian Law (3rd ed) (Oxford University Press, 2013)
- Hans-Peter Gasser, International Humanitarian Law: An Introduction (2nd ed, Henri Dunant Institute, 1998)
- Leslie Green, Contemporary Law of Armed Conflict (Manchester University Press, 2000)
- Frits Kalshoven and Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to International Humanitarian Law (4th ed, Cambridge University Press, 2011)
- Edward Kwakwa, The International Law of Armed Conflict: Personal and Material Fields of Application (Kluwer, 1992)
- René Provost, International Human Rights and Humanitarian Law (Cambridge University Press, 2002)
- Anthony Rogers, Law on the Battlefield (Manchester University Press, 2000)
- Marco Sassòli, Antoine A Bouvier and Anne Quintin (eds), How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law (3rd ed, ICRC, 2011)
- Gary Solis, The Law of Armed Conflict: International Humanitarian Law in War (Cambridge University Press, 2010)
Customary International Humanitarian Law
- Louise Doswald-Beck and Jean-Marie Henckaerts, Customary International Humanitarian Law (Cambridge University Press, 2005). This very lengthy work is in three volumes. The introduction to ‘Volume I: Rules’ is likely to be of most assistance to you in this course. The publishers have now made a pdf version of this book available for free download, accessible at http://www.icrc.org/eng/resources/documents/publication/pcustom.htm
- Jean-Marie Henckaerts, ‘Study on Customary International Humanitarian Law: A Contribution to the Understanding and Respect for the Rule of Law in Armed Conflict’ (2005) 857 International Review of the Red Cross 175–187
- International Committee of the Red Cross, Customary International Humanitarian Law Database, updated regularly: http://www.icrc.org/customary-ihl/eng/docs/home