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Rules of War and the Role of Civil Society

Class at Faculty of Humanities |
YBAJ248

Syllabus

The teaching method is face-to-face (divided into six blocks), with the possibility of hybrid or distance learning during anti-epidemic measures. No prior knowledge in the field is required. The course is designed for both consecutive master's and bachelor's studies. The subject is interdisciplinary, intertwining historical, philosophical, ethical, social, cultural, and anthropological perspectives.

Block I: When does war start and end? And is it even important?

Introduction to the subject - the concept of IHL in historical, philosophical, and religious contexts (views of Christianity, Islam, Buddhism, etc.)

The distinction between ius ad bellum vs. ius in bello (the right to war vs. the law in war)

International and national mandates

Humanitarian aid vs. humanitarian intervention

Distinguishing between international and non-international armed conflicts

What is the role of civil society when war breaks out? How do the rules of ordinary life change?

The role of the UN and regional organizations (NATO and EU), the role of the International Red Cross, and the role of (international) non-governmental organizations

The concept and typology of armed conflicts

The concept of four generations of wars

When does a war start? How to evaluate unrest and violence? What is the war on terrorism?

Contemporary armed conflicts and their specifics

How does international human rights law relate to wars?

Multidisciplinary overlaps of IHL: anthropology of armed conflicts, gender issues, and stereotypes related to wars

Block II: What can and can't soldiers do in combat?

Geneva Conventions: how and whom they protect. Hague Conventions: how they determine the rules of combat.

Civil society and its ability to enforce changes in the means and methods of warfare.

Who is fighting whom? Who are combatants, insurgents, armed groups? What is the so-called privatization of wars?

What is and what is not self-defense? Is it possible to fight by any means?

Before someone pulls the trigger: are there any rules and limits?

What is deception and what is perfidious action?

Can any weapons be used for the purposes of victory?

Are modern means of warfare considered? Are drones, autonomous weapon systems, artificial intelligence, or cyber warfare regulated?

Block III: Civilians under fire.

Civilians (increasingly) on the battlefield.

Is it possible to encircle and starve a city full of civilians?

How must civilians adapt to life in war?

What are the psychological impacts on civilians affected by long-term conflicts?

Who is responsible for the suffering of civilians?

Do civilians in combat zones have any protection?

Why is terminology in the field of refugeehood often misused? Who is a war refugee?

What is the role of medics? Do they enjoy special protection? How is the security of medics ensured?

How do so-called underground hospitals emerge in combat zones, and why can healthcare become a "weapon"?

Block IV: Humanity live. The role of non-governmental organizations.

Protection of victims of armed conflict

Wounded, sick, and shipwrecked

Prisoners of war

Civilian population

Specially protected categories of persons

Women

Children

Journalists

How are civilians protected by the Geneva Conventions and international law in general?

What is the role of organizations like Human Rights Watch, Amnesty International, and others in increasing the protection of civilians in war?

How humanitarian corridors are established.

What must the leader of a humanitarian convoy know, what not to forget, how to get through military checks.

What is and what is no longer humanitarian aid. According to what criteria is humanitarian aid distributed?

Block V: When fog descends on the battlefield.

Who is a fighter, who is a killer?

How do volunteers easily become targets? Why is it important to know what limits and challenges war poses to civil society?

What about terrorists in war? Can every enemy be labeled a terrorist?

Is the so-called Islamic State a fighting party? Does it have any rights and obligations?

Who is a foreign fighter and who is a mercenary? Who fights for ideals and who for money?

What changes when civilians join the fights? What are human shields?

Is it possible to penetrate among non-governmental armed fighters and start explaining the rules of IHL? What does such training look like in the midst of battle?

Block VI: Who is guilty and who is innocent?

Responsibility in IHL. When does the state answer? When does the commander? And when the "jungle fighters"?

How can civil society (and the civic sector) contribute to the uncovering of war crimes, to the collection of evidence?

Is it possible to punish child soldiers?

Are sexual crimes in war investigated?

Must a soldier always obey the order of his commander?

War crimes and their prosecution. Is it possible to avoid prosecution?

International criminal tribunals (ICTY, ICTR, ICC). Will they punish every crime that occurs in war?

Course completion requirements:

Active participation in lectures

Final colloquium

Required reading:

International Commitee of the Red Cross. International Humanitarian Law. Answers to your questions. Prague, https://www.icrc.org/en/doc/assets/files/other/icrc-002-0703.pdf

Annotation

Contemporary armed conflicts increasingly attract public attention, especially from a security perspective. However, we will look at wars and warfare through the eyes of those who suffer the most, and we will be interested in the challenges we face in connection with modern conflicts and the protection of their victims. International Humanitarian Law (IHL; synonyms are "law of war", "law of armed conflict") is one of the paths that shows us that the consequences of warfare can be mitigated not only on the battlefield itself but also beyond it. Understanding the rules of war is therefore a fundamental prerequisite for contributing to the so-called humanization of wars. IHL is increasingly mentioned in the media, professional discussions, and among the public, so a basic orientation in this area is a useful asset for every graduate of humanities subjects. The subject is interdisciplinary, and we will encounter various perspectives: historical, philosophical, ethical, social, cultural, and anthropological. We will emphasize the role of civil society and its connection to the rules of warfare. We will also try to find answers to controversial questions related to, for example, autonomous weapon systems, robots, or artificial intelligence. The course is recommended not only for master's but also for bachelor's students.

The course is intended primarily for non-lawyers and should be helpful for those students who are specialising or considering careers in politics, governmental institutions, NGOs, security, peacekeeping, human rights and humanitarian affairs, and journalists.