LLAW3249 International Humanitarian Law

2017

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 Units of second year LLAW topics
3 LLAW2212 - The Constitution and the Australian Federation [International / Comparative I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW2109 has been successfully completed

International Humanitarian Law (IHL) IHL is that law which purports to regulate the conduct of armed conflict between belligerents. It has a humanitarian aspect in that it imposes obligations of proportionality on the warring parties so as to minimise civilian casualties and the unnecessary destruction of non-military property. Students will be introduced to the concepts of international humanitarian law including customary international law. The focus of the topic will be on central international humanitarian law issues including the status of combatants, prisoners of war, civilians (particularly children), religious and medical personnel during armed conflict; also considered will be matters such as proportionality, cultural property, peace keeping and person tracing. In addition the topic will address humanitarian issues that arise during the course of civil unrest and natural disaster and in particular the role played by humanitarian organisations during or after these events.

This topic aims to assist students to know and understand aspects of international humanitarian law by developing an understanding of the following:

• the historical development of international humanitarian law
• treaty-based and customary international humanitarian law
• the role played by NGOs and organisations in the implementation of international humanitarian law principle
• the role of the State in enforcement of international humanitarian law
• the international conventions relating to the protection of cultural property
• the role of international organisations including the United Nations and the Security Council in creating international criminal tribunals as peace keeping initiatives
• the concept of Protected Persons under the Geneva Conventions 1949 and the Additional Protocols 1977
• the function of peace keeping and person tracing
• the application of IHL in the context of civil unrest and natural disaster

• the question of military necessity and the proportional use of force

It is expected that on completion of this topic student will have knowledge of and be able to evaluate, apply and analyse:

• the international mechanisms applicable to the regulation and control of armed conflict
• the process of applying the principles by which the international community purport to regulate military engagement between states and/or non-state actors
• some of the academic the discourse relating to the effectiveness of this branch of law in terms of enforcement
• an understanding the role of non-government institutions in monitoring compliance by states with IHL principles
• the important cases and legal instruments which form part of this body of law
• how international humanitarian law fits into the matrix of international law enforcement