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International Humanitarian Law by Mind Map: International Humanitarian Law
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International Humanitarian Law

Welcome!

Let's get to know each other

Who are we?

Who are you?

How to navigate this course?

How to navigate on edX?

Focus on the Discussion Forum: best practices

What is this course about?

What is this course about?, Explanation, Learning objectives

Mindmap of the whole course

Disclaimer and thanks

Pre-course survey

1. Introduction to IHL

1.1 Introduction

1.1.1 Introduction, Introduction

1.1.2 Mindmap Chapter 1

1.2 What is International Humanitarian Law?

1.2.1 What do you think?, Wordcloud

1.2.2 What's in a name?, The various titles of IHL

1.2.3 Overview of the content and structure of the course, General overview of the course

1.3 Law and armed conflicts

1.3.1 Introduction

1.3.2 The paradox of law in conflict, What do you think? 2 extracts, Survey "The idea of regulating International Law", Discussion, A two-fold paradox

1.3.3 Is international humanitarian law really law?, Survey "International Humanitarian Law is...", Discussion, Is IHL really law?, Further reading about the legal status of IHL"

1.4 History of International Humanitarian Law

1.4.1 Introduction

1.4.2 Pre-modern developments, Explanation, Further reading: "Historical Developments and Legal Basis" (C. Greenwood)

1.4.3 The development of a legal regime regulating warfare at sea, Explanation, 1856 Declaration of Paris, T/F

1.4.4 The Lieber Code and early attempts at codification, The Lieber Code, T/F

1.4.5 The creation of the Red Cross, The birth of the Red Cross, The ICRC website, MCQ

1.4.6 1945 to the present day, The current core of IHL treaties, MCQ

1.5 Jus ad bellum VS Jus in bello

1.5.1 Introduction, Links

1.5.2 Historical overview, Explanation, The rise of the idea of asymetrical application of IHL, T/F, Explanation, MCQ, From WWI to the present day, T/F

1.5.3 The principles of equality and separation, Explanation, 2 articles, Extract "The judgment of Fonfana and Kondewa", MCQ

1.5.5 Can jus ad bellum still affect jus in bello?, Influence of jus ad bellum on jus in bello?, T/F, Explanation, 1996 Advisory Opinion, Extract "The dissenting opinion of Judge Koroma", T/F

1.5.6 Can violations of the jus in bello affect the jus ad bellum?, Explanation, 1996 Advisory Opinion, Statement made by France, T/F, Influence of jus in bello on jus ad bellum?, T/F

1.6 International Human Rights VS International Humanitarian Law

1.6.1 Introduction, Links, Discussion "Human Rights Law vs IHL"

1.6.2 Human Rights Law in armed conflict: legal obstacles?, Potential obstacles to the application of HRL in armed conflict, Article 2 of The International Covenant on Civil and Political Rights + Explanation, MCQ

1.6.3 Similarities and differences, Optional Protocol to the Convention on the Rights of the Child, Similar but different, MCQ

1.6.4 Potential conflicts and solutions, Explanation

1.6.5 Cross interpretations and "humanitarization" at the international level, Cross interpretations and humanitarization at the international level, General comment n°31 of the Human Rights Committee, T/F

1.6.6 "Humanitarization" at the regional level: America and Africa, Explanation, Links, General comment n°3 on the right to life, MCQ

1.6.7 "Humanitarization" at the regional level: Europe, Explanation, Link, The Hassan Case, Article 5 of the ECHR, Article 31, 3, c of the 1969 Vienna Convention on the Law of Treaties, T/F

1.6.8 "Humanization" of IHL, Explanation, Krnojelac, judgment (2002), Common Article 3 of the four Geneva Convention,, Hamdan v. Rumsfeld case (2006), Article 21 of the Statute of the International Criminal Court, T/F

1.6.9 Salient problems, The use of lethal force: IHL and HRL paradigms, General comment n°3 of the African Commission of Human and Peoples’ Rights, MCQ, Human rights law and armed groups, T/F

1.7 Wrap-up interview

1.7.1 Interview with Marco Sassòli, Interview Marco Sassòli

2. Sources and subjects

2.1 Introduction

2.1.1 Introduction, General overview of the chapter

2.1.2 Mindmap Chapter 2

2.2 Treaties as the main IHL source

2.2.1 Introduction

2.2.2 A review of the main IHL treaties, Three main groups of IHL treaties, 1907 The Hague Convention, 1949 Geneva Conventions, 1997 Additional Protocols, Other specific conventions, 1954 The Hague (cultural objects), 1980 Convention (weapons), T/F (1 pt)

2.2.3 Specific features of IHL treaties, Main specific features, ICTY judgment in the Kupreskic case (extract), Kupreskic case, Non reciprocity, Explanation, Excerpt of "International Humanitarian Law" (Robert Kolb), MCQ (1 pt), Excerpt of the ICJ Advisory Opinion, Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide (28 May 1951), T/F (1 pt)

2.3 Custom as a supplementary source of IHL

2.3.1 Introduction

2.3.2 The role played by custom in IHL, What is the role of customary international law in IHL?, Excerpt of the Tadic case, Full case, MCQ (1 pt)

2.3.3 Identifying customary International Law, Who identifies customary IHL?, MCQ (1 pt)

2.3.4 The practice of non-state actors, Customary IHL from the practice of non-state actors, Excerpt of ICTY decision in the Tadic case, ICRC publications, Customary IHL. Vol I: Rules, HPCR Manual on International Law Applicable to Air and Missile Warfare, The Montreux Document, Excerpt of the judgement in the Tadic case, MCQ (1 pt)

2.3.5 The elusiveness of state practice, Customary IHL from relevant state practice, Excerpt of the 2nd report of the Special Rapporteur of the IL Commission on identification of customary IL, Full report, Excerpt of ICTY decision in the Tadic case, MCQ (1 pt)

2.3.6 The making of customary IHL: Discussion, 2 excerpts: US governement vs ICRC, US government's response to the ICRC study customary IHL, ICRC, Discussion "Which methodology do you prefer?"

2.3.7 The main customary rules of IHL, What is the current state of customary IHL today?, MCQ (1 pt)

2.4 Is there a hierarchy between these sources?

2.4.1 Introduction

2.4.2 Defining jus cogens and obligations erga omnes, The notion of jus cogens and its legal implications, The notion of erga omnes and its legal implications, T/F (1 pt)

2.4.3 Jus cogens rules of IHL, Explanation, ICJ Advisory Opinion on the Legality of the threat or Use of Nuclear Weapons, Kupreskic case, Responsibility of States for Internationally Wrongful Acts, Commentaries, T/F (1 pt)

2.4.4 Erga omnes obligations of IHL, Introduction, Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Article 1, Excerpt of the 2016 ICRC Commentary of Art. 1 of GC 1, Commentary Article 1, T/F (1 pt)

2.5 States as the primary subjects of IHL

2.5.1 States as the primary subjects of international law

2.6 International Organizations

2.6.1 Introduction, Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt (1980)

2.6.2 International organizations versus member states, Who is intervening: the organization or the member states?, Explanation, Text, MCQ (1 pt)

2.6.3 Binding international organizations, Binding nature of IHL upon international organizations, Explanation, Excerpt of the Agreement on the status of the UNAMIR, MCQ (1 pt)

2.7 Armed Groups

2.7.1 Introduction

2.7.2 Binding armed groups, Two schools of thought on the obligations of armed groups, Discussion: "Which school of thoughts do you prefer, and why?"

2.7.3 The weaknesses of the two main schools of thought, Weekness of two main schools of thought, Excerpt ICRC 2008 Report, Full report, MCQ (1 pt)

2.7.4 Commitments by armed groups, Explanation, common Art. 3 to the four Geneva Conventions, Geneva Call, Aegean sea continental shelf case, Qatar v. Bahrain case, Excerpts of the judgement rendered by the Special Tribunal of Sierra Leone, Full judgement, MCQ (1 pt)

2.7.5 Armed groups and national wars of liberation, A specific type of armed group: national liberation movements, T/F (1 pt)

2.8 Wrap-up interview

2.8.1 Interview with Prof. Robert Kolb

2.8.2 Sources of IHL, Prof. Kolb - Sources of IHL

2.8.3 IHL subjects, Prof. Kolb - IHL subjects

2.8.4 Working with the ICRC and for the Swiss army, Prof. Kolb - Working with the ICRC and for the Swiss army

3. Scope of application

3.1 Introduction

3.1.1 Introduction, Overview of Chapter 3, Explanation: broad or narrow conception, Excerpt of the 2016 ICRC Commentary of Art. 2 of the first Geneva Convention, Full commentary, MCQ (1 pt), T/F (1 pt)

3.1.2 Mindmap Chapter 3

3.2 Material scope of application

3.2.1 Introduction, The main categories of armed conflicts

3.2.2 Foundational questions, Why are the distinctions between different types of conflicts so fundamental, T/F (1 pt), What are the reasons justifying distinctions between armed conflicts?, MCQ (1 pt)

3.3 International armed conflicts

3.3.1 Introduction

3.3.2 Traditional international armed conflicts, Traditional international armed conflicts, QCM (1 pt)

3.3.3 Internationalized non-international armed conflicts, Internationalized non-international armed conflicts, MCQ (1 pt)

3.3.4 Wars of national liberation, Wars of national liberation, MCQ (1 pt)

3.4 Non-international armed conflicts

3.4.1 Introduction

3.4.2 Low-intensity non-international armed conflicts, Low-intensity non-international armed conflicts, MCQ (1 pt)

3.4.3 high-intensity non-international armed conflicts, High-intensity non-international armed conflicts, MCQ (1 pt)

3.5 Controversial armed conflicts

3.5.1 Introduction

3.5.2 Transnational armed conflicts, Transnational armed conflicts, MCQ (1 pt)

3.5.3 Urban war, Hostilities involving criminal organizations, MCQ (1 pt)

3.6 Occupation

3.6.1 Introduction

3.6.2 The notion of occupation, Occupation, MCQ (1 pt)

3.6.3 Research exercise, Discussion: Categorizing conflicts

3.7 Temporal scope

3.7.1 Introduction, General remarks and principles on the temporal scope of application of IHL, MCQ (1 pt)

3.7.2 International armed conflict, Introduction, Article 6 of GCIV, Article 3 of API, Several other articles, What does “general close of military operations” mean?, T/F (1 pt), MCQ (1 pt)

3.7.3 Non-international armed conflict, Introduction, Art. 2 of APII, Positions regarding the end of application of the law of NIACs, Short text, T/F (1 pt), Excerpt of the judgement of the ICTY in the Haradinaj case, Full judgement, T/F (1 pt)

3.7.4 Belligerent occupation, The end of application of the law of occupation, Explanation, Ahmed case, 2008 Report (The Rapporteur), Discussion - The duration of belligerent occupation: your opinion, Text, Extracts from Yoram Dinstein, Art. 47 GCIV, T/F (1 pt)

3.8 Geographic scope

3.8.1 Introduction, Introduction, General remarks on the geographical scope of application of IHL, Text, Tadic case, Kunarac case, T/F (1 pt)

3.8.2 Accepted evolution in NIACS: spillover conflicts, The application of IHL to spillover non-international armed conflicts, Excerpt of the Statute of the ICTR, Full statute, T/F (1 pt)

3.8.3 Controversial evolutions in NIACs (part I), Does IHL apply to the territory of the state intervening against armed groups abroad?, Extract from an article written by Jelena Pejic, Full article, Advisory Report on Armed Drones, “Charting the Legal Geography of Non-International Armed Conflict”, MCQ (1 pt), Excerpt of the 2002 EU Decision framework on combating terrorism, Full text, T/F (1 pt)

3.8.4 Controversial evolutions in NIACS (part II), Worldwide application of IHL in relation to a specific NIAC occurring in a State, Extract from “A Global Battlefield? Drones and the Geographical Scope of Armed Conflict”, MCQ (1 pt)

3.8.5 Controversial evolutions in NIACs (part III), Worldwide battlefield without any nexus to a specific NIAC occurring in a State, Excerpt of the 2016 ICRC Commentary of Art. 3 of the first Geneva Convention, Full commentary, T/F (1 pt)

3.8.6 International armed conflicts, Explanation, Excerpt of “The Geographical Scope of Application of the Conventions”(Katja Schöberl), MCQ (1 pt)

3.8.7 Belligerent occupation, Explanation, T/F (1 pt)

3.9 Wrap-up interview

3.9.1 Interview with Dr. Tristan Ferraro

Technical and administrative questions

4. The Geneva Law

4.1 Introduction

4.1.1 Introduction, Overview of Chapter 4

4.1.2 Mindmap Chapter 4

4.2 The protection of prisoners of war

4.2.1 Introduction

4.2.2 Who is entitled to POW status?, Explanation, Article 4 GCIII, The categories of people entitled to POW status, MCQ (1 pt), Explanation, Article 4(A)(3), Article 4(A)(6), Article 46(1), Article 47, Article 3, Article 75, MCQ (1 pt)

4.2.3 When can POWs be interned?, Explanation, Article 5, Article 45, MCQ (1 pt)

4.2.4 How are POWs protected?, How are POWs protected, MCQ (1 pt)

4.3 The protection of civilians

4.3.1 Introduction, Introduction

4.3.2 Who are civilians?, Who are civilians under IHL?, MCQ (1 pt)

4.3.3 How are civilians protected?, Explanation, Maintenance and re-establishment of family links, Article 25, Article 26, Article 36, Article 140(2), Article 82, Article 107, Article 108, Article 116, Right to leave, Articles, Transfer and deportation of civilian population, Articles, Protection of women, Articles, Protection of children, Articles, Other fundamental guarantees, Articles, MCQ (1 pt)

4.3.4 When can civilians be interned?, When can civilians be interned?, MCQ (1 pt)

4.3.5 How are civilians protected when detained?, Explanation, Place of internment, Articles, Working conditions, Articles, Penal and disciplinary sanctions, Articles, Release, Articles, MCQ (1 pt)

4.4 The protection of the wounded and sick

4.4.1 Introduction, Introduction

4.4.2 Who qualifies as wounded or sick?, Who is wounded or sick under IHL?

4.4.3 How are the wounded and sick protected?, How are wounded and sick protected?, MCQ (1 pt)

4.5 The protection of individuals in occupied territories

4.5.1 Introduction, Introduction

4.5.2 The notion of occupation, cf. 3.6

4.5.3 The law applicable to occupation, The law applicable to occupation, MCQ (1 pt)

4.6 The protection of individuals in non-international armed conflicts

4.6.1 Introduction, Introduction

4.6.2 Who is protected and how are individuals protected in NIACs?, Who is protected in NIACs?, MCQ (1 pt)

4.6.3 Internment in NIACs, Can individuals be interned in NIACS?, MCQ (1 pt)

4.6.4 Protections for the sick and wounded in NIACs, Explanation, Common Article 3, Article 7 of Additional Protocol II, Rules 109, 110 and 111 of the ICRC Study on Customary IHL, MCQ (1 pt)

4.7 Wrap-up interview

4.7.1 Interview with Prof. Andrew Clapham

5. The Hague Law

5.1 Introduction

5.1.1 Introduction, Introduction, General overview of the chapter and general considerations, MCQ, T/F

5.1.2 Mindmap Chapter 5

5.2 The prohibition against attacks on civilians and civilian objects

5.2.1 The principle of distinction and protection against attacks, Explanation, T/F

5.2.2 Direct attacks, Explanation, Art. 51, Art. 13

5.2.3 Indiscriminate attacks, Explanation, Art. 51, Martic case, MCQ

5.2.4 Disproportionate attacks, The principle of proportionality, MCQ, Extract of the Good Kill movie (YouTube), Discussion "Proportionate attack under IHL?", Explanation, MCQ

5.2.5 Terrorist attacks, Explanation, Art. 51, Art. 13, Galic case, Martic case, T/F

5.2.6 Reprisals, The law of reprisals

5.3 Civilians

5.3.1 Introduction, Explanation, Interpretive Guidance on the Notion of Direct Participation in Hostilities under IHL, MCQ

5.3.2 Civilians who are not protected against attacks, Explanation, Commentary of 1987, Third Report on the situation in Colombia, Targeted Killings case, The 3 criteria for direct participation in hostilities, Excerpt of the ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities under IHL, Full document, MCQ, The temporal dimension of direct participation, MCQ

5.3.3 Civilians versus armed forces in NIACs, Explanation, Common art. 3 to the GC, AP II, The 2 main approaches to membership of non-state armed forces, MCQ, Explanation, Combining the two main approaches?, MCQ

5.3.4 Civilians versus armed forces in IACs, Explanation, Art. 4 A (1), (2), (3), (4), (5) and (6), Art. 50, Art. 43 of API, The role of the condition of distinction in defining state armed forces, MCQ, Explanation, Membership of state armed forces, T/F, Explanation

5.3.5 Members of armed forces protected against attack, Explanation, Persons "hors de combat", Extract short film, T/F, MCQ, Explanation, Arts 19 GCI; 22 GCII; 18 GCIV; 12 API and 11 APII, T/F

5.4 Civilian Objects

5.4.1 Introduction

5.4.2 The definition of military objective, Explanation, Draft rules, Art. 52, Definition of military objective, MCQ, Targeting of an oil refinery (YouTube), MCQ, Explanation

5.4.3 Civilian objects that benefit from a particular protection, Explanation

5.4.4 Cultural objects, Explanation, Art. 27, 1954 Convention, 1st additional protocol, 2nd additional protocol, Protection of cultural objects under the general protection regime, MCQ, Explanation, MCQ

5.4.5 Objects that are indispensable to the survival of the civilian population, Explanation, Art. 54, Art. 14, Protection of objects indispensable to the survival of the civilian population, T/F

5.4.6 The natural environment, Explanation, Art. 35, 3, Art. 55, ICRC commentary, Protection of the environment under API, Explanation, Rome Statute of the International Criminal Court, MCQ, Explanation, ENMOD Convention, Understandings attached to the Convention, Art. 35,3, Art. 55, Comparison between regimes under API and the ENMOD Convention, MCQ, Oil fields burning in Kuwait (YouTube), Discussion "Setting fire to oil wells", Legal analysis by Y. Dinstein

5.4.7 Works containing dangerous forces, Explanation, Art. 15 APII, Art. 56 API, Protection of works and installations containing dangerous forces, MCQ

5.5 The precautionary principle

5.5.1 Introduction, Explanation, MCQ

5.5.2 Precautions in attack, Explanation, Art. 57, §2, a, Three obligations of precaution on those who plan or decide upon attacks, Raytheon Pike 40 mm new weapon (YouTube), MCQ, General precautionary obligations, Oil trucks destroyed by US airplanes (YouTube), Explanation, Colonel Steve Warren's press briefing, MCQ

5.5.3 Precautions against the effects of attacks, Explanation, Art. 58 of API, ICRC study on customary IHL, Three obligations of precautions against the effects of attacks, Explanation, Art. 51,7 / 23,1 / 28 / 4, Beirut under siege in 1982 (YouTube), MCQ

5.6 Means and methods of warfare

5.6.1 Introduction, Explanation

5.6.2 Specific prohibitions, or regulation, of weapons, Extract from “Armed Conflicts and the Law” (2016), Napalm strikes (YouTube), T/F

5.6.3 The general prohibition of weapons causing superfluous injury or unnecessary suffering, Explanation, Art. 35, 2) of API, 1868 St Petersburg Declaration, 1899 Hague Convention, 1907 Hague Convention, 1980 CCCW, 1997 Ottawa Convention, The principle of superfluous injury or unnecessary suffering, MCQ, The SIrUS project (ICRC audiovisual archives)

5.6.4 The general prohibition of weapons which have an indiscriminate effect, Explanation, Art. 51, 4) of API, MCQ

5.6.5 The autonomous value of the general prohibitions, Are the general principles on weapons autonomous or only guiding principles?, Explanation, Art. 36 of API, ICRC document on how to operationalize that obligation, MCQ

5.6.6 Nuclear Weapons, Devastating effects of nuclear weapons (YouTube), New smart nuclear weapons (YouTube), Discussion "Your legal analysis on nuclear weapons", ICJ Advisory Opinion in the Nuclear case

5.6.7 New technologies in weaponry, New technologies, MCQ

5.7 Specific methods of warfare

5.7.1 Introduction

5.7.2 Perfidy, Perfidy and other acts of deception of the enemy, MCQ

5.7.3 Denial of quarter, Explanation, Art. 40 of API, T/F

5.7.4 Starvation, Explanation, Aleppo evacuation in Syria (Deutsche Welle), Art. 49 of API, San Remo Manual on sea warfare, Art. 12 of the Manual, Israeli raid on aid ship (The Telegraph), Report of a fact-finding mission, MCQ, General observations on humanitarian relief, MCQ, ICRC seeks permission to work in IS territory (Yahoo News), Discussion "Humanitarian relief and the consent of armed groups", Excerpt of a paper on the ICRC right of initiative

5.8 Wrap-up interview

5.8.1 Interview with Lieutenant-Colonel Chris De Cock, Interview Chris De Cock

6. Implementation and enforcement of IHL - Part I

7. Implementation and enforcement of IHL - Part II