Professors Goldman & Parks
International Humanitarian Law
Spring 2013
INTERNATIONAL HUMANITARIAN LAW
Students should purchase multi-volume xeroxed text, International Humanitarian Law:
Problems and Materials, from the Course Packet Center, located in Room 473A of the Law
School.
January 10
Historical Background; Jus Ad Bellum & the Just War
Tradition: Read pp. 3-29 in Volume 1
January 15
Basic Principles of the Jus in Bello: Restraints on the conduct of
Warfare; The Principles of Military Necessity & Humanity: Read
pp. 29-71 in Volume 1
January 17
Scope of Application of IHL I Armed Conflicts: Chapter
II, Read pps. 120-145; Read pp. 26-27 (paras. 65-70) & pp. 36-46
(paras. 96-137) of the Tadic decision in Supplement Vol. 1
January 22
Chapter II, pp. 147-170; Characterization & Application of IHL in
Non-International and Other Kinds of Armed Conflicts, pp.1-6
Supplement Vol. 1
January 24
Skim Third Report on the Situation of Human Rights in Colombia
(IACHR) pp. 86-115 in Supplement Vol. 1; Read excerpt from Abella
case pp.70-86 in Supplement Vol. 1
January 29
Chapter II, pp. 170-219; pp. 232-238
January 31
Chapter III, Supervision of Application, pp. 243-266;
skim pp. 266-287
February 5
Chapter IV, Civilian Immunity & the Principle of Distinction, Read pp.
288-316: Skim pp. 323-333
February 7 & 12
Chapter IV, The 1977 Protocols; Overview of Civilian Protection, Read
pp. 334-345 (to(e)); text of Article 13 Protocol II, p. 348: Read ICC,
Interpretive Guidance on the Notion of Direct Participation in
Hostilities under International Humanitarian Law in Supplemental
Vol.3.
February 14
Read Hays Parks, Part IX of the ICRC “Direct Participation in
Hostilities” Study, No Mandate, No Expertise & Legally Incorrect, 42
N.Y. U. J. Int’L & Pol. 769-828 in Supplemental Vol.3
February 19 & 21
"Targeted Killings" in & outside of Armed Conflicts, read
in Supplement Vol. 3, Israel Ministry of Foreign Affairs, Israel
Supreme Court Decision on Targeted Terrorist Operatives, pp 457465; Phillip Austin, Study on Targeted Killings, UN Human Rights
Council Doc. pp. 495-551
February 26
Chapter IV, General Protection of the Civilian Population, Articles 51,
52, 57 & 58 of Protocol I, read pp. 345-364 & 376-382
February 28
Chapter IV, Protection of Cultural Property & Other Objects entitled
to Special Protection (Articles 35, 55 & 56 of Protocol I), read pp.
381- 401: Starvation of the Civilian Population As a Means of
Warfare & Its Prohibition in Protocols I & II, read pp. 402-417
March 3
Chapter V (Volume 4), Combatants & POW Status, read pp. 438470
March 7
Chapter V, Privileged Combatants (Article 4 of the Third Geneva
Convention & Articles 43 & 44 of Protocol I), read pp. 471-509
March 19 & 21
Chapter V, Unprivileged Combatants, Including Spies &
Mercenaries, Read pp. 509-536; Procedural Standards, skim pp.536554; skim Goldman & Tittemore, Unprivileged Combatants & the
Hostilities in Afghanistan: Their Status and Rights under
International Human Rights & Humanitarian Law, pp. 180-204 in
Supplement Vol. 2: Repatriation of POWs, skim pp. 566-593 in
Chapter V
March 26
Chapter VI (Volume 5), Wounded, Sick & Shipwrecked, skim pp.
600-658; 664-682; 688-710
March 28 & April 2 Chapter VIII (Volume 6) Belligerent Occupation ( Hague
Regulations, Fourth (Civilian) Geneva Convention & Protocol, read
pp. 826-835; 846-879; skim pp. 919
April 4
Contemporary Issues Involving Civilian Contractors:
Read in Volume 3 of Supplemental materials W. H. Parks,
Evolution of Policy and Law Concerning the Role of Civilian
Contractors Accompanying the Armed Forces & The
Perspective of contracting and "Headquartering" States, pp.
349-363 & pp.364-371
April 9 & 11
Relationship between Human Rights Law & IHL:
Read in Chapter 7 (Volume 5) D. Schindler, Development of Human
Rights Law, pp. 739-747
Human Rights Committee, General Comment No. 31, Nature of General
Legal Obligations Imposed on State Parties to the Covenant, May 26,
2004 (posted on MyWCL)
Read F.2Hampson, The Relationship of International Humanitarian
Law and Human Rights Law from the Perspective of A Human Rights
Treaty Body, 90 Int'L Rev. of The Red Cross, pp. 549-572 (posted on
MyWCL)
Read in Volume 1 of Supplemental Materials C. Greenwood, Rights at
the Frontier: Protecting The Individual in Time of War, pp. 116-131
Skim in Volume 1 of Supplemental Materials T. Meron, The
Humanization of Humanitarian Law, pp. 131-180
Read in Volume 3 of Supplemental Materials, R. Goldman, UN Report
E/CN.4/2005 paragraphs 23 to 31, pp. 374-376;
Review in Volume 1 of Supplemental Materials, IACHR, Abella case,
paragraphs 157-171, pp. 77-81
Review Article 75 of Protocol I and Articles 4-6 of Protocol II
Read in Volume 2 of Supplemental Materials, IACHR, Pertinent Parts
of Decision on
Precautionary Measures for Guantanamo Bay Detainees, pp. 282-285;
Review in Volume 1 of Supplemental Materials, Chapter IV paragraphs
1-22 of IACHR, Third Report on the Situation of Human Rights in
Colombia, pp. 90-97
******
When reading these materials, you should think about the following
questions;
1) How exactly do IHL and HRL interface during situations of armed
conflict, including occupation?
2) In what situations do IHL and HRL most converge?
3) In what sense will IHL be lex specialis in relation to a particular
human rights guarantee and can you provide examples?
4) Are human rights supervisory bodies, such as the European Court, the
Inter- American Court & Commission and the Human Rights
Committee, competent to deal with IHL? If so, how precisely? Are
there dangers in their doing so?
April 16 & 18
"The War on Terror" and IHL
Read in Volume 3 of Supplemental Materials, J. Bellinger, Legal Issues
in the War on Terrorism, pp. 409-418
Read R. Wedgwood, Combatants or Criminals? How Washington
Should Handle Terrorists, Foreign Affairs (May/June 2004) (posted on
MyWCL)
Read in Volume I of Supplemental Materials, A. Roberts, The
Laws of War in the War on Terror, pp. 239-281
Read Chapter 3 "The Legality and Consequences of A War on
Terror" in Assessing Damage: Urging Action; Report of the
Eminent Jurists Panel on Terrorism, Counter- terrorism &
Human Rights (February 2009) (posted on MyWCL)
Skim in Volume 3 of Supplemental Materials M. Sassoli, Use and Abuse
of the Laws of War in The "War on Terror" pp. 382-408
Read in Volume 3 of Supplemental Materials K. Roth, Drawing the
Line: War Rules and Law Enforcement Rules in the Fight Against
Terror, pp. 376-381
Read in Volume 3 of Supplemental Materials, Statement of G.
Rona (for ICRC), When Is War Not a War; The Proper Role of the
Law of Armed Conflict in the Global War on Terropp.373-375
Read H. Koh, The Law of 9/11, excerpt from "The Obama
Administration and International Law", keynote speech at annual
meeting of ASIL, March 24, 2010, pp. 10- 16 (posted on MyWCL)
********
When reading the above pieces, consider the following questions:
1) Is the war on terror a real war or armed conflict within the meaning
of IHL?
2) Is so, who are the parties to the conflict & what exactly is the nature
of the conflict & its governing legal regime?
3) If you conclude that the "war on terror" is not a true war or
armed conflict, what body of law applies ?
4) Is existing IHL sufficient to deal with contemporary conflicts
between states and transnational, armed non-state actors, or does it need
to be revised or updated?
April 23
Review