MVV316K Law and War: Contemporary Debates, Critical Questions and Recent Developments

Faculty of Law
Autumn 2020
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Taught online.
Teacher(s)
Patrick Casey Leisure, J.D., LL.M. (seminar tutor), doc. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV316K/01: Mon 23. 11. 16:00–17:40 Virtuální místnost, 18:00–19:40 Virtuální místnost, Tue 24. 11. 18:00–19:40 Virtuální místnost, Wed 25. 11. 18:00–19:40 Virtuální místnost, Thu 26. 11. 18:00–19:40 Virtuální místnost, P. Leisure
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 8/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 38 fields of study the course is directly associated with, display
Course objectives
A multifaceted architecture of international and domestic law governs states and state actors during wartime. Changing threats, advances in technologies, and domestic and international politics have tested these legal frameworks, and the laws of war continue to adapt to challenges to their significance and practicality. To that end, this intensive course will survey the laws of war with an eye towards discussion of a selection of the most important legal issues in law and war today.
Learning outcomes
At the end of the course, students will be able to:
1) Understand and situate the place the law of armed conflict inhabits within international law;
2) Trace the history of the law of armed conflict, the different development of the jus ad bellum and jus in bello and its impact on the legal framework of the law of war today;
3) Identify and critically assess the efficacy of the legal frameworks governing the law of war today;
4) Substantively engage with how the international legal framework of law and war applies in the real world, with reference to and application of major case studies in recent years;
5) Understand and critically evaluate how the laws of war interact with challenges presented by changing technology in modern warfare.
Syllabus
  • SESSION 1: Course Introduction
  • - Overview of the history, primary sources, and development of the law of armed conflict.
  • SESSION 2: International Law and the Use of Force
  • - The UN Charter, the 2001 AUMF, the role of non-state actors, defensive force against terrorist networks and several case studies on the use of force.
  • SESSION 3: Humanitarian Intervention
  • - A critical evaluation of humanitarian intervention and its place within the law of armed conflict, including three essential case studies.
  • SESSION 4: International Law and the Jus in Bello
  • - A presentation of the principles of distinction, proportionality and military necessity followed by an in-depth discussion of those principles’ application in the real world.
  • SESSION 5: Cyberwar
  • - Implications of the huge technological innovation in recent decades for the laws of war, is the current legal framework apt for this changing nature of armed conflict?
Literature
  • Key provisions of the Geneva Conventions, the UN Charter, the Rome Statute, the Tallinn Manual, judicial opinions, and relevant secondary readings, which will be distributed or made available online prior to the beginning of the course.
Teaching methods
Lectures and Discussion.
Assessment methods
Students will be evaluated on their writing and analytical ability. Each student will prepare a three to five-page paper analyzing one of the assigned class topics, an issue in armed conflict of the student’s choice, or another topic chosen by the student that is approved by the instructor. Papers should be written in English and will be due three weeks after the final class session. Students are encouraged to choose topics that are of interest to them.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Syllabus

See separate course Syllabus distributed to those enrolled (via Learning Materials).

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