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JUS1730/5730 International Humanitarian Law ( the Law of Armed Conflict ), autumn 2014

JUS1730/5730 International Humanitarian Law ( the Law of Armed Conflict ), autumn 2014. Lecture 1, 28 August 2014 Kjetil Mujezinović Larsen k.m.larsen@nchr.uio.no Gentian Zyberi gentian.zyberi@nchr.uio.no. Structure of the current lecture. Introduction to the course (KML)

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JUS1730/5730 International Humanitarian Law ( the Law of Armed Conflict ), autumn 2014

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  1. JUS1730/5730 International Humanitarian Law (the Law ofArmedConflict), autumn 2014 Lecture 1, 28 August 2014 Kjetil Mujezinović Larsen k.m.larsen@nchr.uio.no Gentian Zyberi gentian.zyberi@nchr.uio.no

  2. Structure of the current lecture • Introduction to the course (KML) • Introduction to international humanitarian law (KML) • Terminology and related areas • Jus ad bellum and jus in bello • Main sources of IHL • Scope of application • Main principles of IHL (GZ)

  3. Practical course information • JUR1730/JUS5730 International humanitarian law (the law of armed conflict) http://www.uio.no/studier/emner/jus/jus/JUS5730/h14/index.html • Autumn 2014: • Time and place for teaching and exam • Syllabus (achievement requirements) • Course outline; style of teaching • Student participation?

  4. Useful websites • Treaties: http://www.icrc.org/ihl • Commentaries to GCs and GC APs: http://www.icrc.org/ihl.nsf/CONVPRES?OpenView • Other useful links: • ICRC Review: http://www.icrc.org/eng/review • ICRC databases on IHL: http://www.icrc.org/eng/resources/ihl-databases/index.jsp • Introduction to Public International Law research: http://www.nyulawglobal.org/Globalex/Public_International_Law_Research1.htm • Central Human Rights Sources on the Internet: http://www.jus.uio.no/smr/tjenester/bibliotek/human-rights-sources.pdf

  5. Terminology and related areas Jus ad bellum International criminal law Law of armed conflict (LOAC) International humanitarian law (IHL) Jus in bello General international law International refugee law Human rights law

  6. Terminology and related areas International criminal law International humanitarian law (IHL) Sanctions for violations of certain violations of international humanitarian law Lectures 7 and 8: Implementation, enforcement, responsibility JUS5570 International Criminal Law (spring semester)

  7. Terminology and related areas International humanitarian law (IHL) International refugee law Armed conflicts generate large numbers of refugees and IDPs Some rules in IHL: Protection of civilians JUS5530 Refugee and Asylum Law (spring semester)

  8. Terminology and related areas International humanitarian law (IHL) Considerable overlap Lecture 9: The relationshipwithother legal regimes Human rights law

  9. Terminology and related areas IHL as part of international law International humanitarian law (IHL) General international law

  10. IHL as part of international law Method: Interpretation Vienna Convention on the Law of Treaties Art. 31. General rule of interpretation. • A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Art. 32. Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable Statute of the ICJ, Art. 38: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. IHL is a part of international law • Sources • Methods • Implementation • Enforcement • … Traditionally: International law regulates the relationship between States Sources States are the core subjects of international law… …but individuals may have rights and duties …but with some special characteristics IHL is a good example Individuals have both rights and obligations

  11. Method: Interpretation Vienna Convention on the Law of Treaties Art. 31. General rule of interpretation. • A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Art. 32. Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable

  12. Jusad bellum and jusin bello • No direct link: • Violations of jus ad bellum do not justify violations of jus in bello, or vice versa • Violations of jus ad bellum do not entail violations of jus in bello, or vice versa Jus ad bellum International humanitarian law (IHL) • Jus ad bellum • To which extent the use of military force against another state is allowed • UN Charter Article 2.4: The prohibition against use of force • ICC Statute: Crime of aggression • Two (three?) exceptions • Jus in bello • Conduct in armed conflicts • Protection of civilians and individuals hors de combat • Protection of combatants • Means and methods of warfare • Relationship to neutral states

  13. Sources: An introductory point Recall ICJ Statute, Art. 38 Conventions, custom, general principles Principles play an important role in IHL Principles on different levels Fundamental principles Next hour Dominant principles Operational principles

  14. Main sources of IHL Conventions International customary law «Geneva law» «Hague law»

  15. Primarily rules on protection Primarily rules on means of war • The St. Petersburg Declaration 1868 • Hague Regulations of 1899 and 1907 • Gas protocol of 1925 • NPT (non-proliferation of nuclear weapons) 1968 • Biological weapons 1972 • Convention on inhuman weapons (CCW) 1980 • Chemical weapons 1993 • Anti Personnel Mines 1997 • Cluster Munitions 2008 • The four Geneva Conventions (1949) • Wounded and sick soldiers on land • Wounded and sick soldiers on sea • Prisoners of war • Protection of civilians and rules pertaining to occupation • The two additional protocols (1977) • International armed conflicts • Non-international armed conflicts «Hague law» «Geneva law»

  16. International customary law Three volumes in 2005: 1) 161 rules 2 and 3) State practice Statute of the ICJ, Art. 38: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Usus Opinio juris

  17. Scope of application of IHL Personal scope of application Material scope of application Spatial scope of application Temporal scope of application

  18. To which subjects does IHL apply? Who have obligations under IHL? Personal scope of application Who have rights under IHL? States Non-state armed groups Individuals International organisations

  19. Material scope of application Objective vs. subjective The first hostile act in the armed conflict that puts at stake a provision in IHL When does the applicability of IHL begin? When a treaty enters into force for a specific State The end of military operations Temporal scope of application When does the applicability of IHL end?

  20. The principle of unity of territory The territory of belligerent States The principle of effectiveness Actual hostilities Occupied territories Spatial scope of application

  21. International armed conflicts and occupation Material scope of application • Non-international armed conflicts (two categories) • Internal disturbances, riots, etc., not amounting to armed conflicts • Peace Qualification of conflicts, lecture # 2

  22. Contact information: Kjetil Mujezinović Larsen Professor of Law, the Norwegian Centre for Human Rights Phone: +47 22 84 20 83 E-mail: k.m.larsen@nchr.uio.no

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