Legal Aspects of War: Humanitarian Law
Certificate(s): International Law Public Interest and Social Justice Law (List C)
Course Description:
Examines the legalities of the decision to go to war under international and U.S. law, the International Law of War, and human rights law. Coverage includes the War Powers Resolution and litigation regarding U.S. use of force in Vietnam, Central America, and the Persian Gulf; Nuremberg and other post-World War II legal prosecutions and postwar Geneva Conventions and Protocols; the legal responses to such issues as the capture of Adolf Eichmann and the My Lai massacre, the bombing of North Vietnam (1964- 72) and Iraq (1991), and the genocide in Rwanda and Bosnia; and the foundational texts of human rights law, particularly those relating to war and its consequences.
Class Notes:
Some of the more controversial topics we will discuss in class include the legal regime concerning the use of atomic and chemical weapons, targeted killings and drone warfare, and several aspects relating to the so-called “war on terror”.
The final part of the course will focus on questions of accountability for war crimes, genocide and crimes against humanity. We will analyze the grave breaches regime under the Geneva Conventions, and discuss options international criminal law offers, such as the International Criminal Court, and domestic prosecution under the principle of universal jurisdiction. See Camino for syllabus.
