Human Rights, Humanitarian Law and Terrorism

Vakbeschrijving Human Rights, Humanitarian Law and Terrorism
Collegejaar: 2016-2017
Studiegidsnummer: 23012232
Docent(en):
  • Prof. Dr. Helen Duffy
  • Catherine Harwood
Voertaal: Engels
Blackboard: Ja
EC: 5
Niveau: 500
Periode: Semester 2
  • Geen Keuzevak
  • Geen Contractonderwijs
  • Geen Exchange
  • Geen Study Abroad
  • Geen Avondonderwijs
  • Geen A-la-Carte en Aanschuifonderwijs
  • Geen Honours Class

Admission requirements

Admission to the Masters programme.

Description

The course examines the substantive and procedural law that governs situations related to international terrorism and counter-terrorism in the post-9/11 world. In this regard, it will give an overview of the main principles of international humanitarian law (jus in bello or IHL), and international human rights law, how these legal regimes interact with one another and to some extent with other relevant areas of international law, such as the law on peace and security and international criminal law. The course will explore how the legal framework unfolds in practice, by engaging with difficult issues of contemporary international practice and the challenges they give rise to. It will also look at the applicability of the ‘law of war’ paradigm that has been applied in the ‘war on terror’ and its impact in specific concrete situations, such as in relation to the use of force and targeted killings, security-based detentions, the securitization of criminal law and/or the right to reparation for victims and accountability in the context of terrorism and counter-terrorism. It will touch on the responsibility of states, armed groups and individuals within this framework, and consider the impact of law and practice from numerous, sometimes competing, perspectives such as those of victims, governments and armed forces.

Lectures will provide students with the theoretical underpinnings of the respective areas of law and show how they are related to each other and address cases of particular interest. Leading practitioners and experts in these fields may be invited as guest lecturers.

Course objectives

Objectives of the course
This course aims to provide an overview of the main principles of international humanitarian law, human rights law and the law on the use of force, including also the perspective of war victims. Students will gain insights into the interactions between these branches of international law and practical challenges and controversies with the application of the legal framework in the security context.

Achievement levels
Knowledge: after successfully completing this course, the student has knowledge of and insights into the existing legal framework, principles and system of international law and how it adjusts and responds to security situations. The student will have understanding of the interaction between branches of public international law, in particular IHL and human rights law, in this context. The student is well aware of the challenges that arise with regard to the practical implementation of the legal framework.
Academic skills and attitude: after successfully completing this course, the student is able to interpret and analyze the relevant literature and sources in a critical manner and to present solutions for legal problems after thorough legal research.

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Lectures

  • Number of double (3 hour) lectures: 5 (once a week)
  • Names of lecturers: Prof. dr. Helen Duffy and guest lecturers (where possible)
  • Required preparation by students: Mandatory literature and case law

Seminars
None.

Other methods of instruction
None.

Assessment method

Examination form(s)
Written exam with questions. Since the mode of instruction is limited to lectures, attendance at all lectures is strongly recommended and deemed essential for successfully passing the written exam.

Submission procedures
None.

Areas to be tested within the exam
The subjects taught in the lectures, and all other materials which are part of the course and made available, e.g. via Blackboard.

Blackboard

More information on this course is offered in Blackboard.

Reading list

Obligatory course materials

Literature:

  • Helen Duffy, The War on Terror and the Framework of International Law (2nd ed, Cambridge University Press, 2015). Please note that the second edition of this text is required for this course.
  • Syllabus

Recommended course materials
Made available via Blackboard

Contact information

  • Co-ordinator: Catherine Harwood
  • Work address: Campus Den Haag, Stichthage Kantoren, Office 12.40
  • Contact information: Every day
  • Telephone number: 071-527 3615
  • Email: c.e.m.harwood@law.leidenuniv.nl

Institution/division

  • Institute: Public Law
  • Department: Public International Law
  • Room number secretary: KOG, B1.21
  • Opening hours: 9.00 – 17.00
  • Telephone number secretary: 071 – 527 7578
  • Email: volkenrecht@law.leidenuniv.nl

Talen