LWMTUM: The Use of Military Force

Module code: LWMTUM

Module provider: School of Law

Credits: 20

Level: Postgraduate Masters

When you'll be taught: Semester 1

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: Yes

Last updated: 21 May 2024

Overview

Module aims and purpose

The Use of Military Force explores a major area of public international law (also referred to as the jus ad bellum) that deals with the military action of States. It examines the prohibition on the threat and use of force in international law and its accompanying exceptions. As such, 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 2003 invasion of Iraq, international military intervention in the non-international armed conflict in Syria, and 2022 Russian invasion of Ukraine). It analyses the successes and failures of that order in attempting to, as the UN Charter put it in 1945, ‘save succeeding generations from the scourge of war’. The module asks when – and under what circumstances – it is lawful to resort to military force. This question is assessed through an abstract examination of the law and detailed real-world case studies. 

This module examines the international law relating to when it is permissible to use force. It aims to develop an understanding of the principles of international law that regulate the use of military force in international society. In particular, it deals with the prohibition of the use of force in Article 2(4) of the UN Charter and the recognised exceptions to that prohibition (namely the use of force authorized by the UN Security Council and the use of force in self-defence). As such, students will engage with key controversial uses of force from the modern era. The aim is for students to gain a detailed substantive understanding of the law on the of force, but also to understand both its value and limitations in practice. In addition, the module examines related concepts and doctrines, including military intervention by invitation, the use of force in self-defence against non-State actors, and the responsibility to protect. 

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 and substantive knowledge of the international law of the use of military force gained through both class participation and self-study, and apply this to an essay or problem question involving a fictional or actual armed conflict.  
2. Debate the relative legal merits of controversial claims made in the context of the international law on the use of military force.  
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 such topics as: 

• Introduction and History of the Law on the Use of Force 
• The Prohibition on the Threat and Use of Force 
• Humanitarian intervention, pro-democratic intervention and reprisals 
• The law of self-defence: Part I 
• The law of self-defence: Part II 
• Military Intervention by Invitation 
• Collective Security 
• Cyber Uses of Force and Self-Defence 
• The Interrelationship between Jus ad Bellum and Jus in Bello 
• Case Studies: The Wars between Ukraine/Russia and Isarel/Hamas 

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. 
• Blended learning exercises built into the curriculum to augment student learning of the module’s various elements.
• Eleven weekly seminar classes of 2 hours each. 
• 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