Lecture 1: Introduction to the Historic Foundations of IHL (&ICL)

Course Overview

• The course covers Minor International Law, specifically focusing on International Humanitarian Law (IHL) and International Criminal Law (ICL).
• Three distinct components are: Public International Law (PIL), International Humanitarian and International Criminal Law (IHL/ICL), and Human Rights Law (HRL).
• Each component is presented with a specific number of ECTS credits (European Credit Transfer and Accumulation System).

Course Outline

• The course content will include basic notions of IHL and ICL.
• The course will also explore the differences between IHL and ICL.

Teaching Methodology

• The teaching methods include lectures, seminars, moot court, reading, and movies.
• A field trip is also part of the course.

Weekly Schedule

• Live lectures at THUAS, Fridays from 12:15 to 14:30 in Ov.4.47.
• Reading, homework, and group work are mandatory.
• Some seminars require group preparation.
• Guest lectures will be announced.
• A field trip is scheduled for November 22nd.

Assessment

• IHL/ICL accounts for 33% of the overall grade.
• An exam is worth 70% of the IHL/ICL portion, lasting 1.5 hours and covering all course material.
• Moot Court contributes 30% (details will follow).
• Homework and group work assignments are essential for course success.

Moot Court

• The moot court begins in week 7.
• ICC proceedings will be simulated, involving 4 teams (OTP, 2x Defense, Victims Counsel).
• A moot court case will be available before the Fall Break.
• Assessment is through written pleadings (70%) and oral arguments (30%).

Field Trip

• Scheduled for November 22nd.
• A location is mentioned as the International Criminal Court.

Literature

• The course does not use a single textbook.
• Instead, various articles, policy papers, videos, and other publications are used.
• Required and recommended readings are in the Module book.
• Additional material will be available online via BrightSpace.

Lecture 1: Foundations of IHL and ICL

• Lecture 1 introduces the historical foundations of IHL and ICL. The lecture also provides historical details of the Geneva Conventions.

What is IHL?

• IHL is a part of international law.
• It establishes rules to limit armed conflict.
• IHL protects those who are not participating in conflict.
• It applies to international and non-international armed conflicts

Law and War

• The law of war and whether war itself is legal are examined.
• A paradox of IHL is presented, highlighting its widespread acceptance yet frequent disregard in practice.

Data on Armed Conflicts

• Data visualizations (charts and maps) display global armed conflict frequencies and types since 1946.
  • Data sources include UCDP/PRIO, UCDP Battle Death Database, and Peterson, etc.

Active State-Based Conflicts

• Detailed maps and data analyze active state-based conflicts in 2022 and 2023.

History of ICL

• ICL's historical context is examined, highlighting roots in the WWII Nuremberg and Tokyo Tribunals.
• Justification included tyranny, disregard for human dignity and overwhelming wartime horrors.
• Critiques include victor's justice, lack of consistent legal framework, and violation of state sovereignty.

Present of ICL

• The International Law Commission and the development of the Rome Statute are examined.
• ICL addresses global conflicts through national and international tribunals and courts.
• The Hague is seen as a center of peace and justice.

What is ICL?

• ICL is a subset of international law.
• ICL holds individuals responsible for severe international crimes.
• ICL covers war crimes and other serious international crimes.
• Various courts (national, hybrid, international) administer and develop ICL.

ICRC Information

• The International Committee of the Red Cross (ICRC) is a key organization in IHL.
• ICRC established a core function of protecting victims and working for IHL.
• The role of the ICRC, their functions (monitoring, promotion, catalyzing action), principles, and partners are explained.

Additional Information

• Additional details on the use and enforcement of IHL, and basic rules of IHL (Lectures 2 & 3), and relevant URLs are provided.

This quiz assesses your understanding of International Criminal Law (ICL) and International Humanitarian Law (IHL). It covers foundational concepts, major criticisms of historical tribunals, and key components of course assessments. Test your knowledge on the main principles and subjects of ICL and IHL.