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Chapter 2 Sources and subjects by Mind Map: Chapter 2
Sources and subjects
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Chapter 2 Sources and subjects

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

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)

2.6 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)

2.5 States as the primary subjects of IHL

2.5.1 States as the primary subjects of international law

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)

2.3 Custom as a supplementary source of IHL

2.3.1 Introduction

2.3.2 The role played by custom in International Humanitarian Law

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)

2.2 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)

2.1 Introduction

2.1.1 Introduction

General overview of the chapter

2.1.2 Mindmap Chapter 2