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GOVT-491 International Law and War
Offered academic year 2010-2011
This is an advanced course for students who have already taken the basic course in International Law (GOVT-403) or its equivalent. The purpose of this course is to explore contemporary international law as it addresses the use of military force. First, we will explore the jus ad bellum--the law relating to the recourse to force. We will examine the historic development of the jus ad bellum, the UN Charter framework for the use of force, and a number of current issues relating to the jus ad bellum. These will include: preemptive force, rescue of nationals, humanitarian intervention, civil conflict, and terrorism. Second, we will examine the jus in bello--the law relating to the conduct of hostilities. We will examine the legal framework established by the Hague and Geneva Conventions and discuss a variety of contemporary issues, including the treatment of POW's, the use of nuclear weapons and other weapons of mass destruction, and weapons targeting policies. Third, we will examine courts and other tribunals that have been established to try persons for violation of international legal rules dealing with the use of force. Such tribunals include: the Nuremberg Tribunal, the International Criminal Tribunals for Yugoslavia and Rwanda, and the International Criminal Court. Finally, we will explore the future of the law relating to the use of force.
Credits: 3
Prerequisites: None
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