Postgraduate Course: Human Rights Law and Armed Conflict (LAWS11481)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||The aim of this course is to consider four issues that have generated considerable debate and polarized opinion.
First, we will consider the extent to which human rights law can apply to armed conflict. In so doing we will examine the principal applicable sources of human rights law; identify, define, and classify the activities of armed forces; consider the relationship between international humanitarian law and human rights law; and analyse the extraterritorial application of human rights law. Second, we will look in detail at a range of military activities and analyse the relevant human rights law. This will include a consideration of lethal and non-lethal targeting, detention operations and air and maritime warfare. It will further consider a careful analysis of the right to life, freedom from cruel, inhuman and degrading treatment and torture, and the right to liberty. Third, we will analyse the obligations on states to investigate alleged human rights law violations during armed conflict and the enforcement of human rights law. Finally, through an analysis of recent armed conflicts, we will consider the extent to which human rights law can impact the military effectiveness of armed forces and what, if anything, states can do to limit the effect of human rights law. Throughout the course we will consider both the theoretical legal framework applicable to armed conflict and the practical consequences of the application of a state¿s human rights law obligations.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2021/22, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||An essay of 5000 words (100%) in response to an essay title chosen from a number set by the instructor.
||Students will be required to analyse a legal proposition in no more than 750 words. Feedback will be provided in the seminar in the form of whole class feedback.
|No Exam Information
On completion of this course, the student will be able to:
- On completing this module, students will have gained a strong grounding in debates about the extent to which human rights law applies during armed conflict and the consequences of this on a state's ability to achieve its military objectives.
- The course will enable students to conduct independent research in this area of inquiry by exposing them to a range of contemporary sources, and also enable them to form sophisticated arguments drawing on these sources.
- This class is intended to be an interactive seminar-style course and so communication with peers is crucial. If class size inhibits this, then, where possible, group activities will be devised to ensure that all students develop their communication skills.
- A focus on a number of recent armed conflicts will enable students to apply their theoretical knowledge to real-world examples and analyse the impact of human rights law on military operations.
|Graduate Attributes and Skills
||Please see Learning Outcomes for an indication of the transferable skills and Graduate Attributes gained from this course.
|Keywords||Human Rights,Armed Conflict
|Course organiser||Dr Michelle Burgis-Kasthala
Tel: (0131 6)50 2008
|Course secretary||Miss Chloe Culross
Tel: (0131 6)50 9588