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Course syllabus International Law in Crisis and Conflict - Basic Course

Swedish name: Folkrätt i kris och konflikt - grundkurs

Course code:
1FR009
Valid from semester:
Autumn Term 2023
Education cycle:
First cycle
Scope:
30.0 credits
Progression:
G1N
Grading scale:
Three-grade scale
Main field of study:
Law with specialisation in International Law
Department:
Department of Political Science and Law
Subject:
International and Operational Law
Language of instruction:
The teaching is conducted in English.
Decided by:
Forsknings- och utbildningsnämndens kursplaneutskott (KUS)
Decision date:
2023-03-01

Entry requirements

Civics A and English B.

Course content and structure

The overall objective of the course is to offer the student an opportunity to gain knowledge of the international legal system with particular emphasis on crisis and conflict.

The course is divided into four modules. The first module gives an introduction to the international legal system and its structure, including its value in a greater context and how international law relates to other disciplines. Current current trends and developments in the field of international law are also discussed in this section, and the student is continuously offered the opportunity to apply the law to current events and realities.

The course thereafter focuses on international law in crisis and conflict. Module two examines the law of conflict prevention with a particular focus on the UN Charter and the rules regarding the prohibition on the use of force in international relations. Module three provides the student with an introduction to international human rights law, and module four is focused on international law for military operations, both in armed conflict (the law of war) and in peace operations. Like in module 1, the student is continuously offered opportunity to describe and apply relevant legal frameworks to current events and situations around the world in both lectures and seminars. The students is also continuously offered the opportunity to reflect on international law and its application and value in a greater, global context.

Througout the course, the student is offered the opportunity to reflect on international law and its application and value in a greater and global context. Through interactive lectures and seminars, the student get to practice applying the law to current security related concerns. The student is also offered an opportunity to critically discuss the law, and to find legal solutions to security related problems.

Course Outline part I (15 credits)
1\. Foundations of International Law

2\. Conflict Prevention Law (especially UN Charter)

Part II (15 credits)
3\. International Human Rights Law

4\. Law of Military Operations

The course modules start with lectures where the content of each module is introduced. Each module ends with a mandatory teacher-evaluated seminar. Before each seminar, the student prepare an assignment, individually or in groups, to be presented orally or in writing at the seminar. A written examination is conducted after Module 1 - 2 (Part I) and after Module 3 - 4 (Part II).

Type of Instruction
Seminars

Lectures

Independent Study

Objectives

After completed course the student should be able to:

Knowledge and understanding
  • Verbally and in writing identify and describe the fundamental principles of international law and the specific subjects included in the course, focusing on international law in crisis and conflict.

Competence and skills
  • Apply the rules of international law that are dealt with during the course on concrete cases and verbally argue for different international law solutions.
  • Independently and together with others solve selected complex issues within the field of international law.
  • Verbally and in writing present a solution to a chosen international law problem.

Judgement and approach
  • Independently and critically discuss the role of international law in the international community.

Examination formats

Part One
Part I - Examination is conducted through a final hall exam. Active participation in seminars is also mandatory.

Part Two
Part 2 - Examination is conducted through a final hall exam. Active participation in seminars is also mandatory.

Grading
The grades Passed with Distinction (VG), Passed (G) or Fail (U) is given on the course.

The examination at the compulsory seminars gives the grades Pass and Fail.

For the final grade Pass on the entire course, Pass is required for the two written examinations and on the compulsory seminars.

For the final grade Pass with Distinction on the entire course, Pass with Distinction is required on the two written examinations in addition to the grade Pass on the compulsory seminars.

Grading criteria will be presented at the start of the course at the latest.

Restrictions in Number of Examinations
No limitation on the number of examinations.

Transitional provisions

  • When the course is no longer given or when the course content changes significantly, the student is entitled to be examined once per semester during a three-semester period according to this syllabus.
  • The completed course is evaluated by a written evaluation. Course development is conducted in consultation with student representatives. Proposals for reforms are considered in teaching meetings and are reported to the subject councils that decide on possible changes.
  • If the Swedish Defence University has formally decided that the student is entitled to receive special educational support due to a disability, the examiner may decide on alternative forms of examination for the student.

Other regulations

The course cannot be part of a degree whose content is wholly or partly in accordance with the content of this course.

This is an edited version of the syllabus, created to transfer the original to the education database Ladok education planning. For originals, refer to the archive.
Reading list decided date: 2023-01-24
Reading list for International Law in Crisis and Conflict - Basic Course HT2024.
Please note that other relevant readings may be added as the course progresses.
Akande Dapo and Tzanakopoulos Antonios, Use of Force in Self-Defence to Recover Occupied Territory: When Is It Permissible? Links to an external site. EJIL:Talk! 18 November 2020
Akande Dapo and Tzanakopoulos Antonios, The crime of Aggression – A commentary, Volume 1 Chapter 6: The International Court of Justice and the definition of aggression, Cambridge University Press, 2017 Link: Akande - Aggression CH6 V1 (8).pdf
Cryer Robert, et al. An Introduction to International Criminal Law and Procedure. Cambridge University Press, 2007, Chapters 10, 11 and 12 (available online at Anna Lindh Library).
Crawford Emily & Pert Alison International Humanitarian Law (Cambridge University Press, 2020), Chapters 2, 3, & 9 (available online at Anna Lindh Library).
Dinstein Yoram, War, Aggression and Self-Defence, Chapter 5: The Crime of Aggression, Cambridge University Press, 2011 Link: Dinstein - The Crime of Aggression (3).pdf 
Doswald-Beck Louise, Human Rights in Times of Conflict and Terrorism (Oxford University Press, 2012) Links to an external site.
Droege Cordula, Elective affinities? Human rights and humanitarian law, International Review of the Red Cross, Volume 90 Number 871, September 2008. Link: Drouge - elective\_affinities\_human\_rights\_and\_humanitarian\_law (2).pdf
Gill Terry & Fleck Dieter, The Handbook of International Military Operations. Links to an external site. (2ed, Oxford University Press, 2015) Chapter 5 & Chapter 6. (Gill & Fleck)
Henderson Christian, The Use of Force and International Law (2nd edition, Cambridge University Press, 2023) (Hendersen)
Henriksen Anders, International Law (4 th edition, Oxford University Press, 2023)
Kleffner Jann, Kleffner - Sources of LOAC (2).pdf
Martin Craig, Climate Wars and the Jus ad Bellum, Opinio Juris blog, 13 August 2020, Part 1Links to an external site](<https://opiniojuris.org/2020/08/13/climate-wars-and-jus-ad-bellum-part-i/>)., [Part 2. Links to an external site.
O’Brien \- Is International Law really Law.pdf
Ruys Tom and Rodríguez Silvestre Felipe, The Nagorno-Karabakh Conflict and the Exercise of “Self-Defense to Recover Occupied Land. Links to an external site. Just Security, 10 November 2020.
Smith Rhona K. M., International Human Rights Law (10th edition, Oxford University Press, 2022) (Older editions of Smith’s text may be used, however students should endeavour to update themselves with material from the new edition where necessary.)
Additional reading (voluntary, but recommended):
Akande, Dapo. The diversity of Rules on the Use of Force (2019). Link: The Diversity of Rules on the Use of Force: Implications for the Evolution of the Law – EJIL: Talk!
General comments - Human Rights Committee
• Human Rights Committee, General Comment No. 24 - Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant, UN Doc. CCPR/C/21/Rev.1/Add.6, 11 November 1994

• Human Rights Committee, General Comment No. 29 – States of emergency (Article 4), CCPR/C/21/Rev.1/Add.11, 31 August 2001

• Human Rights Committee, General Comment No. 31 – Nature of general legal obligation imposed on State parties to the Covenant, CPR/C/21/Rev.1/Add.13, 26 May 2004

• Human Rights Committee, General Comment 36 on article 6 of the International Covenant on Civil and Political Rights, on the right to life, CCPR/C/GC/36, 30 October 2018

• Human Rights Committee, General Comment No. 18 – Non-discrimination (Thirty-seventh session, 1989), 10 November 1989

• Human Rights Committee, General Comment No. 28 - Article 3 (The equality of rights between men and women) (Replaces general comment No. 4), UN Doc. CCPR/C/21/Rev.1/Add.10, 29 March 2000

• Human Rights Committee, General Comment No 20- Non-discrimination in economic, social and cultural rights. (Forty-second session 2009)

• Human Rights Committee, General Comment No. 36

• Human Rights General Comment No. 21 - Humane treatment of persons deprived of their liberty (Article 10) - Replaces general comment 9 (Annex VI, B), 13 March 1993

• Human Rights General Comment No. 35 – Article 9 (Liberty and security of persons), UN Doc. CCPR/C/GC/35, 15 December 2014 Online here: https://documents-dds_x0002_ny.un.org/doc/UNDOC/GEN/G14/244/51/PDF/G1424451.pdf?Open Element Links to an external site.
• Human Rights Committee General Comment No. 32: Article 14 – Right to equality before the Courts and Tribunals and to fair trial, UN Doc. CCPR/C/GC/32, 23 August 2007

• Human Rights Committee, General Comment No. 29 – States of emergency (Article 4), CCPR/C/21/Rev.1/Add.11, 31 August 2001 (online here: https://digitallibrary.un.org/record/451555Links to an external site.Links to an external site. )
Cases UN Human Rights Committee:
o Gueye et al. v France Communication no. 196/1985, UN Doc. CCPR/C/35/D/196/1985, (1989). Links to an external site.
o Toonen v. Australia No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994) Links to an external site.
o Camargo (on behalf of Suarez de Guerrero) v. Colombia, Merits, Communication No 45/1979, UN Doc CCPR/C/15/D/45/1979, 31st March 1982. Links to an external site.
European Court of Human Rights (ECHR) cases:
o Sejdic and Finci v. Bosnia and Herzegovina GC] - 27996/06 and 34836/06 [Links to an external site.
o McCann and Others v. UK, App. No. 18984/91, 27 September 1995 Links to an external site.
o Vo v. France, App. No. 53924/00, 8 July 2004. Links to an external site.
o Osman v. UK, App. No. 23452/94, Case No 87/1997/871/1083, 28 October 1998. Links to an external site.
o Golder v. UK, App. No. 4451/70, 21 February 1975.

o Murtazaliyeva v. Russia (Application no. 36658/05), Judgment, Grand Chamber, 18 December 2018.

o X v. Sweden (Application no. 36417/16) online: https://www.refworld.org/cases,ECHR,5a65ec264.html.Links to an external site.
o Ireland v. UK, App. No. 5310/71, Judgement of 18 January 1978. Links to an external site.
o Selmouni v. France, App. No. 25803/94, Case No 100/1995/606/694, 28 July 1999. Links to an external site.
o Öcalan v Turkey, App. No. 46221/99, ECHR 2005-IV, 12 May 2005 Links to an external site.
o Aksoy v. Turkey, App. No. 21987/93, Case No 100/1995/606/694, ECHR 1996-VI, 18 December 1996. Links to an external site.
o Greece v. United Kingdom (First Cyprus), No. 176/56, 1958-1959 Y.B. Eur. Conv. on H.R. 174, 174 (Eur. Comm'n on H.R.).

o Lawless v Ireland, 19 December 1959, Application No 332/57, European Commission of Human Rights (ECommHR), Report of the Commission, Series B 1960-1961, adopted on 19th December 1959

o The Greek Case, App. Nos. 3321/67, 3322/67, 3323/67, 3344/67, 1969 Y.B. ECHR, 1 (Eur. Comm'n on H.R.).

o Ireland v UK, Application no. 5310/71, Judgment of 18 January 1978, A 25

o A & Others v. United Kingdom, ECtHR App. No. 3455/05, 173 (Eur. Ct. H.R. 2009

African Court on Human and People’s Rights (ACHPR) cases:
o ACHPR case: Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v. Nigeria, 155/96 (2001) Links to an external site.
o Purohit and Moore v. Gambia (241/01), 29 May 2003 http://hrlibrary.umn.edu/africa/comcases/241-2001.html. Links to an external site.
Inter-American Court on Human Rights cases:
o IACtHR Advisory Opinion on Judicial Guarantees in States of Emergency. Links to an external site.
o Advisory Opinion OC-9/87, October 6, 1987, Inter-Am. Ct. H.R. (Ser. A) No. 9 (1987) online here: http://hrlibrary.umn.edu/iachr/b\_11\_4i.htm. Links to an external site.
o González et al (Cotton Field) v. Mexico, Judgment of 16 November 2009, preliminary objection, merits, reparations and costs, Ser. C No. 205. Links to an external site.
o Velásquez Rodriguez v. Honduras, Merits, Judgment of 21 July 1989, reparations and costs, Ser. C, No. 4. Links to an external site.
o Pueblo Bello Massacre v. Colombia, Merits, reparations and costs, Judgment of 31 January 2006 Ser. C, No. 140. Links to an external site.
Treaties and other documents
o Vienna Convention on the Law of Treaties. Link: VCLT.pdf
o Convention Against Torture https://www.unhcr.org/protection/migration/49e479d10/convention -against-torture-other-cruel-inhuman-degrading-treatment_x0002_punishment.html. Links to an external site.
o The Genocide convention available here: Convention on the prevention and punishment of the crime of genocide. Links to an external site. 
UN resolutions and documents 
o Definition of Aggression, UNGA res 3314 (1974): Download A\_RES\_29\_3314 - Definition of Aggression - UN Documents\_ Gathering a body of global agreements.pdf
o Sweden’s reservations to the ICCPR and IESCR. Link: Sweden Reservations - CN.198.1971-Eng.pdf
o UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials https://www.ohchr.org/en/instruments_x0002_mechanisms/instruments/basic-principles-use-force-and-firearms-law_x0002_enforcement
o UN HRC, Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on the human rights challenge states of emergency in the context of countering terrorism (A/HRC/37/52, 2018) online here: https://documents-dds_x0002_ny.un.org/doc/UNDOC/GEN/G18/054/36/PDF/G1805436.pdf? Links to an external site.
ECtHR document 
• ECtHR, 'Guide on Article 15 of the European Convention on Human Rights.', Derogation in time of emergency (2018), online here: https://www.echr.coe.int/documents/Guide\_Art\_15\_ENG.pdf. Links to an external site.
OAU documents 
• Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or degrading Treatment or Punishment in Africa ("Robben Island Guidelines"): http://hrlibrary.umn.edu/instree/RobbenIslandGuidelines.pdf. Link to an external site.
Other documents 
o American Association for the International Commission of Jurists, Siracusa Principles: on the Limitations and Derogation Provision in the International Covenant on Civil and Political Rights (1985) online here: https://www.icj.org/wp-content/uploads/1984/07/Siracusa-principles_x0002_ICCPR-legal-submission-1985-eng.pdf. Links to an external site.
Not compulsory but highly recommended
• Office of the UN High Commissioner for Human Rights, Fact sheet 32 Human Rights, Terrorism and Counter-Terrorism. Links to an external site. 
• Geneva Academy Foreign Fighters under International Law. Links to an external site. Academy briefing No.7
• UNSC Res 2178 (2014) Links to an external site.
For reference, (i.e. you do not need to read these from cover to cover!)
• Articles on Responsibility of States for Internationally Wrongful Acts (2001). Link: Articles on Responsibility of States for internationally wrongful acts.pdf
• Draft articles on the Responsibility of International Organisations (2011). Link: Draft articles on responsibility of international organisations.pdf