JUS1730/5730 International Humanitarian Law (the Law of Armed Conflict), autumn 2014 Lecture 1, 28 August 2014 Kjetil Mujezinović Larsen Gentian Zyberi

Structure of the current lecture 1.Introduction to the course (KML) 2.Introduction to international humanitarian law (KML) 1.Terminology and related areas 2.Jus ad bellum and jus in bello 3.Main sources of IHL 4.Scope of application 3.Main principles of IHL (GZ)

Practical course information JUR1730/JUS5730 International humanitarian law (the law of armed conflict) Autumn 2014: – Time and place for teaching and exam – Syllabus (achievement requirements) – Course outline; style of teaching – Student participation?

Useful websites Treaties: Commentaries to GCs and GC APs: Other useful links: – ICRC Review: – ICRC databases on IHL: databases/index.jsphttp:// databases/index.jsp – Introduction to Public International Law research: ch1.htm ch1.htm – Central Human Rights Sources on the Internet:

Terminology and related areas International humanitarian law (IHL) Law of armed conflict (LOAC) Jus in bello International criminal law Human rights law International refugee law General international law Jus ad bellum

Terminology and related areas International humanitarian law (IHL) International criminal law Sanctions for violations of certain violations of international humanitarian law Lectures 7 and 8: Implementation, enforcement, responsibility JUS5570 International Criminal Law (spring semester)

Terminology and related areas International humanitarian law (IHL) International refugee law Armed conflicts generate large numbers of refugees and IDPs Some rules in IHL: Protection of civilians JUS5530 Refugee and Asylum Law (spring semester)

Terminology and related areas International humanitarian law (IHL) Human rights law Considerable overlap Lecture 9: The relationship with other legal regimes

Terminology and related areas International humanitarian law (IHL) General international law IHL as part of international law

Statute of the ICJ, Art. 38: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. IHL as part of international law Traditionally: International law regulates the relationship between States States are the core subjects of international law… …but individuals may have rights and duties IHL is a good example IHL is a part of international law …but with some special characteristics Sources Methods Implementation Enforcement … Individuals have both rights and obligations Sources Method: Interpretation Vienna Convention on the Law of Treaties Art. 31. General rule of interpretation. 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Art. 32. Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable

Vienna Convention on the Law of Treaties Art. 31. General rule of interpretation. 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Art. 32. Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable Method: Interpretation

Jus ad bellum and jus in bello International humanitarian law (IHL) Jus ad bellum To which extent the use of military force against another state is allowed UN Charter Article 2.4: The prohibition against use of force ICC Statute: Crime of aggression Two (three?) exceptions Jus in bello Conduct in armed conflicts Protection of civilians and individuals hors de combat Protection of combatants Means and methods of warfare Relationship to neutral states No direct link: Violations of jus ad bellum do not justify violations of jus in bello, or vice versa Violations of jus ad bellum do not entail violations of jus in bello, or vice versa

Sources: An introductory point Recall ICJ Statute, Art. 38 Conventions, custom, general principles Principles play an important role in IHL Principles on different levels Operational principles Dominant principles Fundamental principles Next hour

Main sources of IHL Conventions International customary law «Geneva law»«Hague law»

The four Geneva Conventions (1949) 1.Wounded and sick soldiers on land 2.Wounded and sick soldiers on sea 3.Prisoners of war 4.Protection of civilians and rules pertaining to occupation The two additional protocols (1977) 1.International armed conflicts 2.Non-international armed conflicts «Geneva law» Primarily rules on protection Primarily rules on means of war The St. Petersburg Declaration 1868 Hague Regulations of 1899 and 1907 Gas protocol of 1925 NPT (non-proliferation of nuclear weapons) 1968 Biological weapons 1972 Convention on inhuman weapons (CCW) 1980 Chemical weapons 1993 Anti Personnel Mines 1997 Cluster Munitions 2008

International customary law Statute of the ICJ, Art. 38: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Opinio juris Usus Three volumes in 2005: 1) 161 rules 2 and 3) State practice

Scope of application of IHL Material scope of application Temporal scope of application Spatial scope of application Personal scope of application

To which subjects does IHL apply? Who have obligations under IHL? Who have rights under IHL? States Non-state armed groups Individuals International organisations

Temporal scope of application When does the applicability of IHL begin? When does the applicability of IHL end? The first hostile act in the armed conflict that puts at stake a provision in IHL Objective vs. subjective When a treaty enters into force for a specific State Material scope of application The end of military operations

Spatial scope of application The principle of effectiveness The territory of belligerent States Actual hostilities Occupied territories The principle of unity of territory

Material scope of application International armed conflicts and occupation Non-international armed conflicts (two categories) Internal disturbances, riots, etc., not amounting to armed conflicts Peace Qualification of conflicts, lecture # 2

Contact information: Kjetil Mujezinović Larsen Professor of Law, the Norwegian Centre for Human Rights Phone: