S. Contemporary Challenges to the International Laws of War

The course aims to explore the main challenges faced by the contemporary international law governing hostilities. It shall deal with issues related to both segments of the law, i.e., the laws governing the legality of recourse to the use of force (jus ad bellum), and the law governing the conduct of hostilities in armed conflicts (jus in bello).
During the course, we shall examine the scope of the right of self-defense and its timing; the evolution of the Hague rules regarding land warfare; the Geneva Conventions and their Additional Protocols; the application of these rules in today’s asymmetric conflicts, as well as their interface with International Human Rights Law. Particular emphasis will be placed on specific controversial issues, such as: the scope of lawful war aims, the necessity and proportionality rules, reprisal, the protection of civilians and the loss of this status, the effect of changes in war’s pattern in general, and the law of targeting in particular. Special attention will be paid to the possibility of bridging the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice, by infusing professional military standards and norms into the legal discourse.

Course Requirement
Students are required to do the reading in the syllabus for every class and participate in class discussions. Additionally, each student will select a topic on which a 3200-4000 word paper will be written. The papers will be due in the last week of the semester.

Grades
The grade will reflect class participation (30%) and the quality of the paper (70%).