MHR 5201 INTERNATIONAL HUMANITARIAN LAW

MHR 5201 INTERNATIONAL HUMANITARIAN LAW

Course start date: 9 Jul 2022
Over seven decades since the adoption of the four Geneva Conventions of 1949, humankind continues to experience an alarming extent of brutality resulting either from the imperatives of jus ad bellum (lit. the right to war) or from non-observance of jus in bello (lit. law in war). From the Democratic Republic of Congo, Central African Republic, South Sudan, Somalia, Libya, Yemen, Syria, Myanmar, Colombia, Afghanistan to Ukraine, the world is faced with numerous humanitarian concerns requiring the international community to up its peacemaking, human rights protection, and social justice agenda. International humanitarian law (IHL), otherwise known as the law of war or a set of rules concerned with the conduct of warfare, protects a wide range of people and objects during armed conflict (international or non-international).

The International Committee of the Red Cross, whose historic and special relationship to IHL makes it its guardian and promoter, locates the IHL within the broader body of international law (governing the relations between states) with the aim to protect the persons who are not or are no longer taking part in the hostilities (the sick, the wounded, the shipwrecked, prisoners, and civilians) and to define the rights and obligations of the parties to an armed conflict in the conduct of hostilities. Laws of warfare, international jurists have abundantly argued, have always existed to limit the destruction of war since antiquity through the Middle Ages to early modern period. Yet, despite this universal concern, the attempt to limit war has suffered various setbacks. It was not until the 19th century that a movement to codify the laws of war began and modern international humanitarian law was born. While some international lawyers refer to the Lieber Code, written to govern the conduct of Union forces during the American Civil War, as the first example of the codification of the laws of war, others still regard the Battle of Solferino in 1859 as the crucial moment in the history of modern humanitarian law.

The study of this course enlightens the students’ opinions on armed conflict. The course-unit introduces both treaty and customary international law, and how they protect civilians and minimize the effects of war.