JUS1730/5730 International Humanitarian Law
(the Law of Armed Conflict), autumn 2014
Lecture 1, 28 August 2014
Kjetil Mujezinović Larsen
[email protected]
Gentian Zyberi
[email protected]
Structure of the current lecture
1. Introduction to the course (KML)
2. Introduction to international humanitarian law (KML)
1.
2.
3.
4.
Terminology and related areas
Jus ad bellum and jus in bello
Main sources of IHL
Scope of application
3. Main principles of IHL (GZ)
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?
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/ihldatabases/index.jsp
– Introduction to Public International Law research:
http://www.nyulawglobal.org/Globalex/Public_International_Law_Resear
ch1.htm
– Central Human Rights Sources on the Internet:
http://www.jus.uio.no/smr/tjenester/bibliotek/human-rights-sources.pdf
Terminology and related areas
Jus ad
Law ofbellum
armed
conflict
(LOAC)
International
humanitarian
law (IHL)
General
international
law
International
criminal law
Jus in bello
International
refugee law
Human
rights law
Terminology and related areas
International
humanitarian
law (IHL)
International
criminal law
Sanctions
Lectures
for 7violations
and 8: of
JUS5570 International
certain
Implementation,
violations of
Criminal Law
international
enforcement,
humanitarian
(spring semester)
responsibility
law
Terminology and related areas
International
humanitarian
law (IHL)
International
refugee law
Armed
JUS5530
conflicts
Refugee
generate
and
Some rules in IHL:
large
Asylum
numbers
Law of
Protection of civilians
refugees
(spring semester)
and IDPs
Terminology and related areas
International
humanitarian
law (IHL)
Lecture 9:
Considerable
The relationship with other
overlap
legal regimes
Human
rights law
IHL
as part of international
law areas
Terminology
and related
International
humanitarian
law (IHL)
General
international
law
Method:
Interpretation
IHL
as part
of international law
Vienna Convention on the Law of Treaties
Statute of the ICJ, Art. 38:
(a)31.international
conventions,
general or
• Sources
Art.
General
rule of
of
interpretation. whether
IHL
is
a
part
Traditionally: International
Methods
particular,
rules
recognized
by
1.A
treaty
shallestablishing
be interpreted
in goodexpressly
faith in•accordance
with the
international
law
law
regulates
the
States
are the
core
•theImplementation
ordinary
meaning
to
be
given
to
the
terms
of
treaty in their
therelationship
contesting
states;
between
…but
individuals
may
of of its object and purpose.
• Enforcement
context
andsubjects
in
the
light
…but
with
some
(b) international
custom,
as
evidence
of
a general
haveStates
rights and
duties
international
law…
•
…
special characteristics
practice
accepted as law;
Art. 32. Supplementary means of interpretation.
IHLgeneral
is a goodprinciples
example of law recognized by
(c) the
Recourse
may be had
to supplementary means of interpretation,
civilized
including
thenations;
preparatory work of the treaty and the circumstances of
its(d)
conclusion,
order to confirm
the teachings
meaning resulting
the
judicial in
decisions
and the
of thefrom
most
application
of article 31,
or to determine
the
meaning
when the
highly qualified
publicists
of the
various
nations,
Individuals have both as
interpretation according to article 31:
subsidiary
means for the determination
of rules of
rights and obligations
(a) leaves the meaning ambiguous or obscure; or
law.
(b) leads to a result which is manifestly absurd or unreasonable
Method: Interpretation
Vienna Convention on the Law of Treaties
Art. 31. General rule of interpretation.
1.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
Jus ad bellum and jus in bello
No direct link:
• Violations of jus ad bellum do not
Jus justify
ad
violations of jus in bello, or vice
bellum
International
versa
humanitarian
• Violations of jus
bellum do not
lawad
(IHL)
entail violations of jus in bello, or vice
versa
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
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
DominantNext hour
principles
Operational
principles
Main sources of IHL
Conventions
International
customary law
«Geneva law»
«Hague law»
Primarily rules on
means
protection
of war
•
•
•
•
•
•
•
•
•
The
St. Petersburg
Declaration
1868 (1949)
• The
four Geneva
Conventions
Hague
of sick
1899soldiers
and 1907
1. Regulations
Wounded and
on land
Gas protocol of 1925
2. Wounded and sick soldiers on sea
NPT (non-proliferation of nuclear weapons) 1968
3. Prisoners of war
Biological weapons 1972
4. Protection of civilians and rules pertaining to
Convention on inhuman weapons (CCW) 1980
occupation
«Geneva
«Hague law»
law»
Chemical weapons 1993
• The
two additional
protocols (1977)
Anti
Personnel
Mines 1997
1. International
armed conflicts
Cluster
Munitions 2008
2. Non-international armed conflicts
International customary law
Statute of the ICJ, Art. 38:
volumes in
(a) international conventions, whether generalThree
or particular,
establishing rules expressly recognized by 2005:
the contesting
1) 161 rules
states;
2 and 3) State
(b) international custom, as evidence of a general practice
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
Personal
scope of
application
Temporal
scope of
application
Scope of
application
of IHL
Material
scope of
application
Spatial
scope of
application
Personal
scope of
application
States
To which
subjects does
IHL apply?
Who have
obligations
under IHL?
Who have
rights
under IHL?
Non-state
armed groups
Individuals
International
organisations
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
The
of military
for aend
specific
State
operations
Temporal
scope of
application
When does the
applicability of
IHL end?
The principle of
unity
The territory
of of territory
belligerent States
Actual hostilities
The principle of
effectiveness
Occupied
territories
Spatial
scope of
application
• International armed
conflicts and occupation
• Non-international armed
conflicts (two categories)
• Internal disturbances,
riots, etc., not amounting
to armed conflicts
• Peace
Qualification of conflicts,
lecture # 2
Material
scope of
application
Contact information:
Kjetil Mujezinović Larsen
Professor of Law, the Norwegian Centre for Human Rights
Phone: +47 22 84 20 83
E-mail: [email protected]