International Humanitarian Law in Theory and Practice

Start Date: 07/05/2020

Course Type: Common Course

Course Link: https://www.coursera.org/learn/international-humanitarian-law

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About Course

“International Humanitarian Law in Theory and Practice” is the first MOOC of the Kalshoven-Gieskes Forum on International Humanitarian Law, which is the platform within the Grotius Centre for International Legal Studies of Leiden University for the research, teaching and dissemination of international humanitarian law (IHL). In this course, Prof. Robert Heinsch, Dr. Giulia Pinzauti and Dr. Emma Irving will give you a deep insight into the rules that govern armed conflict, and aim to mitigate human suffering on the battlefield. You will explore the why and how of IHL, followed by the different types of conflict. In no time you will find out which rules apply to the civil war in Syria, the military intervention in Ukraine and the occupation of the West Bank. During this course, you will learn how hostilities should be waged: Which weapons can be used by combatants and other fighters? And, who should never be a target during military operations? We will also look into the concept of protected persons, and you will find out how IHL affords protection to the sick and wounded, medical personal, detainees, children, journalists and other persons who are not - or not anymore - fighting. At the end of this course, you are introduced to the different implementation and enforcement mechanisms that aim to increase respect for IHL. Here, you are invited to think critically whether IHL works! Throughout this course you will benefit from a mix of theory and practice, which is at the heart of the vision and mandate of the Kalshoven-Gieskes Forum. You can participate for instance in an ongoing case study where drones are flying over the fictitious country Arfula, and detainees are locked up in tiny cells. Or, you can join our discussions about IHL success stories and the major IHL challenges we face today, with distinguished speakers from the International Committee of the Red Cross and US Naval War College! This course is free to join and to participate in. There is the possibility to get a verified certificate for the course, which is a paid option. If you want a certificate, but are unable to pay for it, you can request financial aid via Coursera.

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Course Introduction

International Humanitarian Law in Theory and Practice This course is aimed at introducing the students of international law in theory and practice of international humanitarian law. The course focuses on the legal, political, institutional, and moral dimensions of humanitarian law in the context of contemporary global challenges confronting the world today. It offers insight into the practice and the theory of international humanitarian law in action in the context of the various parties to the conflict (state, non-state, and non-governmental organizations), and in the context of customary international law (international humanitarian law). The course offers the students an understanding of the principles and the standards of international humanitarian law in the context of contemporary global challenges confronting the world today. The course offers the students an opportunity to apply the principles and the standards of international humanitarian law in the context of the parties to the conflict, in order to arrive at a better understanding of the different dimensions of the conflict in the light of the various relevant treaties and agreements (conflict, customary international law, humanitarian law, and human rights). The course offers the students an opportunity to apply the principles and the standards of international humanitarian law in the light of the different dimensions of the conflict in the light of the various relevant treaties and agreements (conflict, customary international law, humanitarian law, and human rights). The course offers the students an opportunity to apply the principles and the standards of international humanitarian law in the light of the different dimensions of the conflict in the light of the various relevant treaties and agreements (conflict, customary international law, humanitarian law,

Course Tag

International Humanitarian Law International Law Law

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Article Example
Customary international humanitarian law Customary international humanitarian law complements the protection provided by international humanitarian treaty law in situations of armed conflict. International treaty law only binds States which are party to a particular treaty; customary international law, on the other hand, is, in general, binding on all States. And while some international humanitarian law treaties, such as the 1949 Geneva Conventions, are today universally ratified, this is not the case for all treaties. Here, customary international humanitarian law can be used to fill gaps in the protection provided in situations of armed conflict.
Customary international humanitarian law International humanitarian law (IHL), also known as the law of war or the law of armed conflict, is the area of public international law which aims, “for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare”.
International Institute of Humanitarian Law The International Institute of Humanitarian Law is an independent, non-profit humanitarian organisation founded in 1970. Its headquarters are situated in Villa Ormond, Sanremo, Italy. A liaison office of the Institute is established in Geneva, Switzerland. The main purpose of the Institute is to promote the development of international humanitarian law, human rights, refugee law, immigration law and related issues.
International humanitarian law International humanitarian law operates on a strict division between rules applicable in international armed conflict and internal armed conflict. This dichotomy is widely criticized.
Customary international humanitarian law Customary international humanitarian law is a body of unwritten rules of public international law, which govern conduct during armed conflict.
International humanitarian law Serious violations of international humanitarian law are called war crimes. International humanitarian law, "jus in bello", regulates the conduct of forces when engaged in war or armed conflict. It is distinct from "jus ad bellum" which regulates the conduct of engaging in war or armed conflict and includes crimes against peace and of war of aggression. Together the "jus in bello" and "jus ad bellum" comprise the two strands of the laws of war governing all aspects of international armed conflicts.
Customary international humanitarian law Furthermore, many of today’s armed conflicts do not take place between States but are of a non-international character. International humanitarian treaty law, however, while highly detailed as regards international armed conflicts, is considerably less developed in relation to non-international armed conflicts. Here, again, customary international humanitarian law can give further guidance.
International humanitarian law Modern international humanitarian law is made up of two historical streams:
International humanitarian law International humanitarian law (IHL) is the law that regulates the conduct of war ("jus in bello"). It protects persons who are not or no longer participating in the hostilities and restricts the means and methods of warfare.International humanitarian law is also known as the law of war or the law of armed conflict...International humanitarian law applies to armed conflict. That branch of international law which seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities, and by restricting and regulating the means and methods of warfare available to combatants. IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice". It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to "protected persons", usually meaning non-combatants. It is designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.
International Institute of Humanitarian Law These events are much appreciated by the international community as they offer an opportunity for periodic dialogue and debate on topics of international humanitarian law, human rights and other related issues. They encourage members of scientific, diplomatic, institutional and military circles from all over the world to meet informally to examine the more burning issues concerning the promotion of, respect for and development of international humanitarian law with an eye to the future. Almost forty years of meetings and intense academic activity addressing the main topics of humanitarian law, under the auspices of the Institute, have created what has universally become known as “humanitarian dialogue in the spirit of Sanremo”.
International humanitarian law The relationship between international human rights law and international humanitarian law is disputed among international law scholars. This discussion forms part of a larger discussion on fragmentation of international law. While pluralist scholars conceive international human rights law as being distinct from international humanitarian law, proponents of the constitutionalist approach regard the latter as a subset of the former. In a nutshell, those who favor separate, self-contained regimes emphasize the differences in applicability; international humanitarian law applies only during armed conflict. On the other hand, a more systemic perspective explains that international humanitarian law represents a function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation (i.e., IHL) or to certain groups of people including refugees (e.g., the 1951 Refugee Convention), children (the 1989 Convention on the Rights of the Child), and prisoners of war (the 1949 Third Geneva Convention).
Customary international humanitarian law In 2005, mandated by the States convened at the 26th International Conference of the Red Cross and Red Crescent, and after nearly 10 years of research and consultation, the International Committee of the Red Cross (ICRC) presented a Study on Customary International Humanitarian Law, published by Cambridge University Press. Volume I of the study contains 161 rules assessed to be of customary status, most of them applicable in both international and non-international armed conflicts. Volume II presents the practice which forms the basis of the conclusions in Volume I.
Geneva Academy of International Humanitarian Law and Human Rights Its scientific research focuses on clarifying international humanitarian law, strengthening human rights protection, and developing the areas of complementary between international humanitarian law and international human rights law. In these areas, the Geneva Academy makes a specific contribution to policy development and debate, in government and among scholars and practitioners.
Geneva Academy of International Humanitarian Law and Human Rights The University Center for International Humanitarian Law (CUDIH), founded in 2002 by the Law Faculty of the University of Geneva and the Graduate Institute of International Studies (now Graduate Institute of International and Development Studies (IHEID), conducted trainings and promoted scientific research in international humanitarian law and other branches of international law relating to situations of armed conflict and states of emergency. The centre was directed by Professor Louise Doswald-Beck from 2002 to 2007.
Geneva Academy of International Humanitarian Law and Human Rights The Geneva Academy is a cosmopolitan community located in the heart of Geneva, an international city and humanitarian hub. Through close interaction with international organizations, NGOs, experts, and governments, we actively participate in global discussions of International Humanitarian Law, Human Rights, international criminal law, and transitional justice.
Customary international humanitarian law Customary international law, like international treaty law, is recognized as a primary source of public international law. While international treaties are written agreements by which States establish certain rules, customary international law consists of unwritten rules which derive from “general practice accepted as law”. Therefore, for a rule of international custom to be established, two elements are required: “an objective one, the repeated behaviour of States ... and a subjective one, the belief that such behaviour depends on a legal obligation ("opinio juris sive necessitatis")”. The objective element is also often referred to as State practice; the subjective element as opinio juris.
Aerial bombardment and international law Not all governments and scholars of international law agree with the analysis and conclusions of the Shimoda review, because it was not based on positive international humanitarian law. Colonel Javier Guisández Gómez, at the International Institute of Humanitarian Law in San Remo, points out:
Humanitarian Law Project The Humanitarian Law Project (founded 1985) is a U.S.-based non-profit organization, working to protect human rights and promote "the peaceful resolution of conflict by using established international human rights laws and humanitarian law."
Geneva Academy of International Humanitarian Law and Human Rights In August 2014, Professor Robert Roth was appointed Director of the Geneva Academy of International Humanitarian Law and Human Rights.
International Institute of Humanitarian Law The Institute has become increasingly involved in research activities, study and analysis. It publishes texts, essays and monographs that aim to contribute to the awareness of issues relevant to international humanitarian law and its different aspects.