War is depressingly constant throughout human history, and in the modern era, civilians frequently find themselves in the front line in today’s “wars amongst the people”, in Somalia, former Yugoslavia, Afghanistan, Iraq, Libya, Sudan/South Sudan and Syria since the end of the Cold War. Next year marks the 20th anniversary of 9/11 and as we approach the 20th anniversary of the 2003 invasion of Iraq, questions around the role of law in regulating conflict – or indeed whether this is even a meaningful concept – lie at the heart of international relations policy.
Building on millennia of international custom, this seminar will chart the evolution of legal attempts from the mid-19th century to the present to limit war’s excesses, and to reduce unnecessary suffering. We will look closely at the catalytic effect of the Second World War on the international legal order covering armed conflict and genocide, the resurgent role of international justice in the post-Cold War era, before moving onto to the current debate about whether, when and how States may intervene to protect human rights. Can the UN Security Council be bypassed via ‘Responsibility to Protect’? If so, when and how? What does a would-be intervener need to demonstrate in order to do so?
Learning outcomes
- The ability to chart the development of law of armed conflict since 1850 and demonstrate the impact that this has had on conduct of hostilities;
- The limits and the successes of the attempt since 1945 to limit States’ recourse to force to solve international disputes;
- Use of force in future, especially outside of the authority of the UN Security Council, in order to defend human rights.
