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1 - 1 of 1 results for: LAW 5036: Law and Ethics of War

LAW 5036: Law and Ethics of War

War is violent and often devastates the lives of those caught up in it. Yet it is also a means by which political communities protect themselves, pursue collective interests, and defend their rights. When, if ever, is the recourse to armed force justified, either as a legal or moral matter? And what rules, if any, do law and morality impose on the conduct of war? The course explores both the international law regime and the just war theory principles governing war. We will begin by considering when states may permissibly use force, and how changing security threats, including terrorism, the proliferation of weapons of mass destruction, and the impulse to respond to widespread humanitarian atrocities challenge and are reshaping the legal framework on recourse to force. We will then explore the rules governing the conduct of warfare itself, including the constraints on the means and methods of war, the requirement to avoid targeting non-combatants in armed conflict, and the rules governing the treatment of detainees. A particular focus of the class will be the application of these rules in non-traditional, asymmetric conflicts between states and non-state armed groups. Throughout, we will consider the relationship between just war theory and the international law regime governing the use of force, when they conform with one another and when they diverge, and why. Special Instructions: Section 01: Grades will be based on class participation, written assignments, and a final exam. Section 02: Up to five students, with consent of the instructor, will have the option to write an independent research paper for Research (R) credit in lieu of the written assignments and final exam for Section 01. After the term begins, students (max 5) accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation; Written Assignments, Final Exam or Research Paper.
Terms: not given this year, last offered Winter 2019 | Units: 2 | Grading: Law Honors/Pass/Restrd Cr/Fail
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