LWMTAC: Law of Armed Conflict (International Humanitarian Law)

Module code: LWMTAC

Module provider: School of Law

Credits: 20

Level: Postgraduate Masters

When you'll be taught: Semester 2

Module convenor: Dr Russell Buchan, email: r.buchan@reading.ac.uk

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: Yes

Talis reading list: No

Last updated: 21 May 2024

Overview

Module aims and purpose

The law of armed conflict (LOAC) (also known as ‘international humanitarian law’) concerns a major substantive area of public international law (the jus in bello). It examines issues including the legal protections for injured or captured combatants and civilians, the rules as to how warfare is to be conducted, such as the prohibition of or restrictions on the use of certain weapons and rules on targeting, and the law of occupation. It also offers introductions to cutting-edge areas including displacement and complex emergencies in armed conflict. The module offers a unique insight into some of the most controversial and fundamental aspects of the modern international legal order and their manifestations in practice (such as the law applicable to so-called ‘modern’ conflicts between States and transnational non-State armed groups or the occupation of the Palestinian Territories). The module essentially asks how – in what manner – war must be fought in the modern world. This question is assessed through an examination of the law and detailed real-world case studies. This module is designed to complement The Use of Military Force (LWMTUM) module, which considers the rules of international law applicable to initial uses of military force in the international sphere, prior to an armed conflict emerging (the jus ad bellum). However, the modules can also be taken wholly independently. 

The module examines LOAC through an assessment of the legal rules themselves and through a detailed assessment of real-world examples that highlight the law (and its shortcomings) in practice. As such, students will engage with major case studies of armed conflict, including occupation, from the contemporary era. The aim is for students to gain a detailed substantive understanding of the jus in bello, including an appreciation both of its value and limitations in practice. As part of this, the module seeks to contextualise LOAC within the broader field of public international law, demonstrating how developments in the latter have impacted LOAC (and vice versa). In addition, the module aims to provide some theoretical underpinning to this substantive knowledge and to question, amongst other things, the moral implications of the balance that is struck in international humanitarian law between the imperative to protect against the consequences of warfare and the need to allow for effective military action during inevitable times of armed conflict. 

Module learning outcomes

By the end of the module, it is expected that students will be able to: 

1. Draw upon a body of detailed substantive knowledge of international law gained through both class participation and self-study, and apply this to an essay question or problem question involving a fictional or actual armed conflict.  
2. Debate the relative legal merits of controversial claims made in the context of LOAC.  
3. Demonstrate an ability to set the substantive law content of the module in a wider context, both legal and non-legal. 

Module content

The module will cover topics such as: 

• Introduction to International Humanitarian Law 
• Geneva Law 
• Hague Law 
• The Law of Non-International Armed Conflict 
• The Law of Neutrality  
• The Interplay between IHL and International Human Rights Law 
• The Protection of the Natural Environment in Armed Conflict 
• Law of Targeting 
• Cyber Warfare and IHL 
• The Law of Occupation 

Structure

Teaching and learning methods

Teaching in this module is designed to provide students with a range of resources on which they can draw in their learning. The main elements are: 

• A list of essential and recommended readings, with notes and questions that will be used to guide class discussion and reflection. 
• Eleven weekly seminar classes of 2 hours each. 
• Blended learning exercises built into the curriculum to augment student learning of the module’s various elements.
• Students will prepare a 10 - 15 minute ‘case-study’ presentation relevant to the topic that week and present this in class. Written formative feedback will be provided following this presentation. 
• Where there are Faculty seminars relevant to the area then students in the module will be encouraged to attend and given the opportunity to discuss the issues with visiting academic presenters. 

Study hours

At least 22 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 50% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: https://www.reading.ac.uk/cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

Reassessment

Additional costs