Module Description
This module interrogates the relation between law and violence in war zones. It begins by introducing students to the principles determining the conditions under which belligerents are permitted to resort to war (jus ad bellum). While these principles have been discussed for hundreds of years, the principle prohibiting the use of force is widely regarded as the United Nation Charter’s most fundamental commitment, yet it includes two exceptions: force is permitted in self-defence or when authorised by the United Nations Security Council. After discussing the parameters of the prohibition, we will use the second Iraq War (2003) as a case study to examine the controversies that they entail in the literature and in state practice. Next, we will turn to the laws of armed conflict, which subject belligerents to rules governing their conduct within the fray (jus in bello). First codified in 1863, these laws—invariably called laws of war, laws of armed conflict and international humanitarian law—have developed considerably over time and apply irrespective of the legality or illegality of war. The module will examine the historical development of these laws as well as the core principles that serve as their underlying framework: the principles of distinction, proportionality, military necessity, and humanity. We will ask why the laws of war were not applied in colonial wars, examining their assumptions about race and gender. We will investigate how these laws address non-state actors—such as partisans, irregulars, insurgents, and terrorists—and the increasing use of lawfare as an integral part of armed conflict. Finally, we will interrogate whether these laws can regulate autonomous weapons and cyberwarfare given the new characteristics of these new weapon systems and warfare practices.
Using numerous case studies, we will assess whether and how the laws of war limit, rationalize and legitimize violence, or whether, at times, they might even facilitate it. The objective is to encourage students to think critically about the kind of work that laws of war do in historical and contemporary theatres of political violence.
Module Format
The course will be taught in weekly three-hour sessions, for which attendance is obligatory. If the course is provided online, then it is expected that all cameras will be turned on at all times. After about one-hour and fifteen minutes of class lecture and discussions followed by a 10-minute break, students will be divided into working groups and will be given an in-class project. The length of the project is approximately 30 minutes and a short report will be submitted at the end. The class will convene after the end of each project for another 45 minutes. Participation in class discussions is encouraged. An outline of the course is detailed below with the assigned readings for each week as well as an outline of in-class projects. Readings that are unavailable through the library or its online databases will be provided via QMUL+.
Key learning outcomes:
• Develop knowledge of the historical development of the laws of war
• Develop knowledge of how laws of war come into being and how they are used.
• Develop knowledge of the principles informing the laws of war.
• Develop knowledge of the central biases and difficulties informing the laws of war.
• Critically appraise the use of lawfare in armed conflict.
• Analyse the potential of these laws in light of the changing character of war.
This module interrogates the relation between law and violence in war zones. It begins by introducing students to the principles determining the conditions under which belligerents are permitted to resort to war (jus ad bellum). While these principles have been discussed for hundreds of years, the principle prohibiting the use of force is widely regarded as the United Nation Charter’s most fundamental commitment, yet it includes two exceptions: force is permitted in self-defence or when authorised by the United Nations Security Council. After discussing the parameters of the prohibition, we will use the second Iraq War (2003) as a case study to examine the controversies that they entail in the literature and in state practice. Next, we will turn to the laws of armed conflict, which subject belligerents to rules governing their conduct within the fray (jus in bello). First codified in 1863, these laws—invariably called laws of war, laws of armed conflict and international humanitarian law—have developed considerably over time and apply irrespective of the legality or illegality of war. The module will examine the historical development of these laws as well as the core principles that serve as their underlying framework: the principles of distinction, proportionality, military necessity, and humanity. We will ask why the laws of war were not applied in colonial wars, examining their assumptions about race and gender. We will investigate how these laws address non-state actors—such as partisans, irregulars, insurgents, and terrorists—and the increasing use of lawfare as an integral part of armed conflict. Finally, we will interrogate whether these laws can regulate autonomous weapons and cyberwarfare given the new characteristics of these new weapon systems and warfare practices.
Using numerous case studies, we will assess whether and how the laws of war limit, rationalize and legitimize violence, or whether, at times, they might even facilitate it. The objective is to encourage students to think critically about the kind of work that laws of war do in historical and contemporary theatres of political violence.
Module Format
The course will be taught in weekly three-hour sessions, for which attendance is obligatory. If the course is provided online, then it is expected that all cameras will be turned on at all times. After about one-hour and fifteen minutes of class lecture and discussions followed by a 10-minute break, students will be divided into working groups and will be given an in-class project. The length of the project is approximately 30 minutes and a short report will be submitted at the end. The class will convene after the end of each project for another 45 minutes. Participation in class discussions is encouraged. An outline of the course is detailed below with the assigned readings for each week as well as an outline of in-class projects. Readings that are unavailable through the library or its online databases will be provided via QMUL+.
Key learning outcomes:
• Develop knowledge of the historical development of the laws of war
• Develop knowledge of how laws of war come into being and how they are used.
• Develop knowledge of the principles informing the laws of war.
• Develop knowledge of the central biases and difficulties informing the laws of war.
• Critically appraise the use of lawfare in armed conflict.
• Analyse the potential of these laws in light of the changing character of war.
