HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: INTRODUCTION
LECTURE 1: INTRODUCTION
ABOUT THE COURSE
► Contents:
o The unfortunate topicality of the theme
o Around 41 armed conflicts going on at the moment (Rule of Law in Armed Conflict (RULAC)
projects1:
▪ 25 non-international armed conflict
▪ 5 ‘normal’ inter-state armed conflicts.
▪ 10 situations of military occupations
o 90% of the victims of armed conflicts are civilians (in spite of the whole body of IHL)
▪ Distinction between combatants and civilians is key in IHL.
▪ Data tells us a lot about the current state of international law.
o Wars have come back for different causes:
▪ Fight against terrorism (“war on terror”) => new armed conflicts (Afghanistan, Iraq,
Somalia, Mali)
▪ Failed states (e.g., Somalia)
▪ New forms of state aggression – aggression is back (e.g., Crimea annexation from
Ukraine by Russia 2014)
▪ New security risks: cyber-attacks, transnational organized crime, unreliability of
traditional allies. (e.g., such as NATO during Trump Administration) (evolving risks)
• The NATO unreliability => new dynamics in the EU (Common Security and
Defence Policy).
o Accountability tools→ Challenging times for the International Criminal Court, with a new boost
given by Russia-Ukraine war
o ‘The law has always developed one conflict too late’ (i.e., in response to a conflict) => will we
be able to regulate before a conflict now with all arising risks?
► Semantic clarifications
o Refers to different branches of law:
1
http://www.rulac.com
1
, HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: INTRODUCTION
o Not only focus on the jus in bello (IHL), BUT
o Public International Law, including jus ad bellum (UN prohibition of the use of force, UNSC Self-
defense, aggression, peacekeeping, peace enforcement) = legality of war under international;
o International Humanitarian Law or jus in bello (means and methods of warfare, protection of
persons hors combat, arms control, interaction with human rights)= international
humanitarian law- laws that regulate a war when it has broken out→ does nto judge the
legality of the war itself, but the proceedings of the war
o International Criminal Law (repression of war crimes, work of international criminal tribunals)
o Selected aspects of EU Law and Policies (conflict prevention, peacebuilding, CSDP missions,
Counterterrorism).
► Objectives
o Understanding the nature of armed conflicts and security risks and their legal qualification
o Insight in legal responses at international and European levels.
► Approach
o The whole ‘conflict cycle’: conflict prevention, jus ad bellum, jus in bello, repression of war
crimes, post-conflict reconstruction (latter important because the moment there is a ceasefire,
the international community turns it head away => special industry to form transitional justice)
o Today: historical introduction - how the law always comes one conflict too late
► Course Materials
o Handbook by J. Wouters, Ph. De Man and N. Verlinden (eds.), Armed Conflicts and the Law,
Intersentia, 2016 (VRG Course Shop)
o Sourcebook (VRG Course Shop)
o Slides (Toledo)
o Ad hoc additional materials will be shared on ‘Toledo’.
► Exam
o Written open book: you may bring all materials except electronic devices!
2
, HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: INTRODUCTION
PATTERNS OF ARMED CONFLICT AND INTERNATIONAL LEGAL RESPONSES THERETO OVER TIME
WHAT IS WAR?
► Factual Definition
o Violence, Military Victims, etc.
► Legal Definition
o War (declaration of):
▪ Hague Regulations (as a result of the Hague Peace Conferences) – introduced
procedural rules for “war” – e.g., it needed to be declared.
▪ Covenant League of Nations - again tried to introduce procedural rules (e.g., “cooling
off” transitional periods)
▪ Briand-Kellogg Pact – International Treaty that prohibited war (joint initiative of the
American and French Foreign Ministers) – gave own form of definition. Problem was
that states tried to escape the definition by using e.g., “law and order operation”
(Musolini; but also this is the way governments still to this day justify the use of force
internally).
o Use of Force (or threat of): UN Charter
▪ Reference to a purely factual scenario (broad notion) in order to avoid states bypassing
a legal definition.
▪ This approach has prevailed.
o Armed conflict (for Humanitarian Law purposes)
▪ International (rather the exception nowadays)→ inter-state
▪ Non-international (not classic inter-state, although there may be an international actor
involved. Usually local actors involved).
> Important differences between the two because there is a difference in applying rules
(IHL always applies to international armed conflicts; for non-international armed
conflicts, there is only limited IHL application)
3
LECTURE NOTES: INTRODUCTION
LECTURE 1: INTRODUCTION
ABOUT THE COURSE
► Contents:
o The unfortunate topicality of the theme
o Around 41 armed conflicts going on at the moment (Rule of Law in Armed Conflict (RULAC)
projects1:
▪ 25 non-international armed conflict
▪ 5 ‘normal’ inter-state armed conflicts.
▪ 10 situations of military occupations
o 90% of the victims of armed conflicts are civilians (in spite of the whole body of IHL)
▪ Distinction between combatants and civilians is key in IHL.
▪ Data tells us a lot about the current state of international law.
o Wars have come back for different causes:
▪ Fight against terrorism (“war on terror”) => new armed conflicts (Afghanistan, Iraq,
Somalia, Mali)
▪ Failed states (e.g., Somalia)
▪ New forms of state aggression – aggression is back (e.g., Crimea annexation from
Ukraine by Russia 2014)
▪ New security risks: cyber-attacks, transnational organized crime, unreliability of
traditional allies. (e.g., such as NATO during Trump Administration) (evolving risks)
• The NATO unreliability => new dynamics in the EU (Common Security and
Defence Policy).
o Accountability tools→ Challenging times for the International Criminal Court, with a new boost
given by Russia-Ukraine war
o ‘The law has always developed one conflict too late’ (i.e., in response to a conflict) => will we
be able to regulate before a conflict now with all arising risks?
► Semantic clarifications
o Refers to different branches of law:
1
http://www.rulac.com
1
, HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: INTRODUCTION
o Not only focus on the jus in bello (IHL), BUT
o Public International Law, including jus ad bellum (UN prohibition of the use of force, UNSC Self-
defense, aggression, peacekeeping, peace enforcement) = legality of war under international;
o International Humanitarian Law or jus in bello (means and methods of warfare, protection of
persons hors combat, arms control, interaction with human rights)= international
humanitarian law- laws that regulate a war when it has broken out→ does nto judge the
legality of the war itself, but the proceedings of the war
o International Criminal Law (repression of war crimes, work of international criminal tribunals)
o Selected aspects of EU Law and Policies (conflict prevention, peacebuilding, CSDP missions,
Counterterrorism).
► Objectives
o Understanding the nature of armed conflicts and security risks and their legal qualification
o Insight in legal responses at international and European levels.
► Approach
o The whole ‘conflict cycle’: conflict prevention, jus ad bellum, jus in bello, repression of war
crimes, post-conflict reconstruction (latter important because the moment there is a ceasefire,
the international community turns it head away => special industry to form transitional justice)
o Today: historical introduction - how the law always comes one conflict too late
► Course Materials
o Handbook by J. Wouters, Ph. De Man and N. Verlinden (eds.), Armed Conflicts and the Law,
Intersentia, 2016 (VRG Course Shop)
o Sourcebook (VRG Course Shop)
o Slides (Toledo)
o Ad hoc additional materials will be shared on ‘Toledo’.
► Exam
o Written open book: you may bring all materials except electronic devices!
2
, HUMANITARIAN AND SECURITY LAW
LECTURE NOTES: INTRODUCTION
PATTERNS OF ARMED CONFLICT AND INTERNATIONAL LEGAL RESPONSES THERETO OVER TIME
WHAT IS WAR?
► Factual Definition
o Violence, Military Victims, etc.
► Legal Definition
o War (declaration of):
▪ Hague Regulations (as a result of the Hague Peace Conferences) – introduced
procedural rules for “war” – e.g., it needed to be declared.
▪ Covenant League of Nations - again tried to introduce procedural rules (e.g., “cooling
off” transitional periods)
▪ Briand-Kellogg Pact – International Treaty that prohibited war (joint initiative of the
American and French Foreign Ministers) – gave own form of definition. Problem was
that states tried to escape the definition by using e.g., “law and order operation”
(Musolini; but also this is the way governments still to this day justify the use of force
internally).
o Use of Force (or threat of): UN Charter
▪ Reference to a purely factual scenario (broad notion) in order to avoid states bypassing
a legal definition.
▪ This approach has prevailed.
o Armed conflict (for Humanitarian Law purposes)
▪ International (rather the exception nowadays)→ inter-state
▪ Non-international (not classic inter-state, although there may be an international actor
involved. Usually local actors involved).
> Important differences between the two because there is a difference in applying rules
(IHL always applies to international armed conflicts; for non-international armed
conflicts, there is only limited IHL application)
3
