JUS 17305730 International Humanitarian Law the Law of

JUS 1730/5730 International Humanitarian Law (the Law of Armed Conflict), autumn 2014 Lecture 1, 28 August 2014 Kjetil Mujezinović Larsen k. m. larsen@nchr. uio. no Gentian Zyberi gentian. zyberi@nchr. uio. no

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

Practical course information • JUR 1730/JUS 5730 International humanitarian law (the law of armed conflict) http: //www. uio. no/studier/emner/jus/JUS 5730/h 14/index. html • Autumn 2014: – Time and place for teaching and exam – Syllabus (achievement requirements) – Course outline; style of teaching – Student participation?

Useful websites • Treaties: http: //www. icrc. org/ihl • Commentaries to GCs and GC APs: http: //www. icrc. org/ihl. nsf/CONVPRES? Open. View • Other useful links: – ICRC Review: http: //www. icrc. org/eng/review – ICRC databases on IHL: http: //www. icrc. org/eng/resources/ihldatabases/index. jsp – Introduction to Public International Law research: http: //www. nyulawglobal. org/Globalex/Public_International_Law_Resear ch 1. htm – Central Human Rights Sources on the Internet: http: //www. jus. uio. no/smr/tjenester/bibliotek/human-rights-sources. pdf

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

Terminology and related areas International humanitarian law (IHL) International criminal law Sanctions Lectures for 7 violations and 8: of JUS 5570 International certain Implementation, violations of Criminal Law international enforcement, humanitarian (spring semester) responsibility law

Terminology and related areas International humanitarian law (IHL) Armed JUS 5530 conflicts Refugee generate and Some rules in IHL: large Asylum numbers Law of Protection of civilians refugees (spring semester) and IDPs International refugee law

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

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

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

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

Jus ad bellum and jus in bello No direct link: • Violations of jus ad bellum do not Jus justify ad violations of jus in bello, or vice bellum International versa humanitarian • Violations of jus bellum do not lawad (IHL) entail violations of jus in bello, or vice versa 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

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

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

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

International customary law Statute of the ICJ, Art. 38: volumes in (a) international conventions, whether general. Three or particular, establishing rules expressly recognized by 2005: the contesting 1) 161 rules states; 2 and 3) State (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. Usus Opinio juris

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

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

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

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

Contact information: Kjetil Mujezinović Larsen Professor of Law, the Norwegian Centre for Human Rights Phone: +47 22 84 20 83 E-mail: k. m. larsen@nchr. uio. no