JUR-3620 International law and armed conflict - 15 stp

International law and armed conflict is a course at master degree level. The students on the integrated masterprogramme in law may choose it as a partial fulfillment of the requirements for the elective part of the programme's fifth year, cf. Programme Specification for the Master's Degree in Jurisprudence at the University of Tromsø (Studieplan for graden Master i rettsvitenskap ved Universitetet i Tromsø), Sec. 4. Following an application, other students may also be admitted to this course, cf. Regulations for the Elective Component in the Master's Degree Programme in Jurisprudence (Reglement for den valgfrie delen av masterstudiet i rettsvitenskap) (Regulation).

Students at the Faculty of Law may only commence with the fifth year of the programme after they have passed the third year of the programme, cf. Regulation § 6 No. 3

Knowledge

Having passed the exam, the student has:

• Advanced knowledge of the sources of international law and its methodology
• Advanced knowledge of the prohibition on the use of armed force
• Advanced knowledge of the right to self­defence
• Advanced knowledge of the United Nations Security Councils right to authorize the use of armed force
• Advanced knowledge of the general principles of international humanitarian law
• Advanced knowledge of the definition of combatant and their treatment
• Advanced knowledge of the rules regarding general protection of persons and property against the consequences of an armed conflict
• Advanced knowledge of certain kinds of civilian property granted enhanced protection
• Advanced knowledge of the methods and means of combat
• Advanced knowledge of the relationship of international humanitarian law to international human rights law  
• Good knowledge of the right to use armed force by invitation of a host state
• Good knowledge of the different types of armed conflicts and the geographical area where military operations may be undertaken  
• Knowledge of the history of the law on the use of force and international humanitarian law
• Knowledge of the disputed legality of humanitarian intervention and authorization by other authorities than the United Nations Security Council
• Knowledge of the rules protecting the environment in armed conflicts
• Knowledge of the application of international humanitarian law to international peace support operations
• Knowledge of the enforcement of international humanitarian law

Skills

Having passed the exam, the student is able to:

• identify and analyze legal problems of both theoretical and practical character regarding international law on armed conflicts
• apply his/her knowledge of international legal methodology in a critical and independent way
• identify and discuss de lege ferenda some of the most controversial topics within the fields of law covered
• use English terminology applicable to this field of law

General competence

After passing the specialization, the student can:

- Apply the obtained knowledge and skills in the field of the international law of armed conflict individually and in cooperation with others

- Communicate reasoning within the field of the international law of armed conflict in a clear and precise manner, orally and in writing to the academic community and the general public

- Apply knowledge and skills acquired within the law of international law of armed conflict to other fields of international law, tasks and projects, where relevant

- Identify and reflect on ethical dilemmas that work with issues of relevance to the international law of armed conflict can lead to, and deal with these in a responsible manner

The course is assessed through a 6 hours closed book written school exam where the student is nevertheless allowed to bring into the examination room a specific treaty collection identified in advance by the Faculty of Law. The treaty collection may only contain underlining etc. in accordance with the Facultys regulation on that matter. The student may also bring a dictionary, as long as it merely provides translations and no definitions. The exam may include theoretical and/or scenario questions. The grading scale of A to F is applied, where F constitutes fail.

Students who fail their examination are entitled to re­sit the examination, cf. Regulations for examinations at the University of Tromsø Sec. 22.

The date for the exam can be changed. The final date will be announced at your faculty early in May and early in November.

• Yoram Dinstein, War, Aggression and Self-Defence, 6th ed. (Cambridge University Press 2017) pp. 3-21, 32-64, 67-130, 186-194 and 197-378 (307 pp.),
• Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, 3rd ed. (Cambridge University Press, 2016) pp. 1-20, 27-35 and 41-331 (320 pp.),
• Dieter Fleck (ed.), The Handbook of International Humanitarian Law, 3rd ed. (Oxford University Press, 2014) pp. 11-34, 43-71, 359-411 and 581-646 (172 pp.), and
• J. B. Bellinger III & W. J. Haynes II, "A US Government Response to the International Committee of the Red Cross Study on Customary International Humanitarian Law", Vol. 89 International Review of the Red Cross 2007, pp. 443-471 (29 pp.)

In total: 828 pp.

The syllabus can be changed until the start of the semester (Spring 2019).