INR 3433: International Law of Armed Conflict Notes

Course Overview: INR 3433

  • International Law of Armed Conflict.
  • Three-credit upper division course, Political Science Department at Florida Atlantic University (FAU).
  • No prerequisites.
  • Instructor: Jeffrey Morton.
  • Twelve-week summer class.

Instructor Background

  • BA in Political Science - University of North Carolina at Charlotte.
  • MA in War Studies - Rutgers University.
  • Doctorate in International Law - University of South Carolina.
  • Fellow at the Foreign Policy Association.
  • 1986: United Nations International Law Summer Training Seminar, Geneva.
  • Focus: laws of armed conflict, weapons, tactics, legality of interventions.
  • Director: Leon Charney Diplomacy Program at FAU. Open to all majors.
  • Courses on Boca and Jupiter campuses prepare students for the National Model United Nations Conference in Washington, DC.
  • Contact: jmortonfau dot edu for application materials.

Course Objectives

  • Addresses two core questions:
    • Why do we have laws of war?
    • Are the laws of armed conflict effective?
Why Laws of Armed Conflict?
  • Guidelines for preparation for warfare.
    • Influence on military codes of conduct and training manuals based on international rules from The Hague and Geneva.
  • Determining legitimacy/legality of entering a conflict.
  • Defining limitations, rights, and responsibilities of militaries.
  • Providing means of accountability for violations.
Effectiveness of Laws of Armed Conflict
  • Counterarguments:
    • War lacks rules, morality, and ethics.
      • Rebuttal: Rules are detailed in conventions, treaties, accords, agreements, and military codes of conduct.
    • No authoritative enforcement mechanism.
      • Rebuttal: The International Criminal Court (ICC) was established in 2002. Also recognizes national military tribunals, civil, and criminal courts.
      • More than 95% of cases heard at municipal courts, not internationally.
    • Laws are often violated.
      • Acknowledgment: Violations occur in every war. Acknowledges imperfect respect for the laws, and an encouragement toward acceptable behavior.

Traffic Laws as Analogy

  • Comparison of laws of war to traffic laws. Violations are common, but laws still serve a purpose.
  • Three behavior zones:
    • Green Zone: Letter-perfect behavior within the law (e.g., driving 7070 mph on I-95).
    • Yellow Zone: Skirting the law; technically illegal, but generally accepted (e.g., driving slightly over speed limit).
    • Red Zone: Unacceptable behavior demanding punishment (e.g., excessive speed, driving under the influence).
  • The goal is to encourage acceptable behavior.

The Outpost Movie Example

  • Movie illustrates laws of war: Story of a command unit in Afghanistan.
  • Initial Rules of Engagement (ROE): Soldiers could return fire even without positive identification of targets.
    • Operating in the "yellow zone."
  • New commander enforces strict adherence to the laws of warfare, soldiers had to operate in the "green zone".

Shifting Behavior through Laws

  • Objective: To shift behavior towards the "green" and "yellow" zones.
  • Unacceptable behavior results in punishment.

Current Conflicts

  • Examples: Russian war in Ukraine and Israel's war in Gaza against Hamas.
  • Differences:
    • Ukraine war: Interstate war; unprovoked invasion by Russia.
    • Gaza war: Non-traditional war; provoked by Hamas attack on October 7.
  • Similarities:
    • Asymmetric conflicts.
    • Applicability of laws of armed conflict. Legal Tests Applied to Conflicts.
      • The legal right to enter into the war.
      • Conduct during the war.
      • Rights and responsibilities as belligerent occupiers.

Russia's War in Ukraine

  • Began in 02/2022.
  • Russia aimed to control Belarus and Ukraine due to vulnerability to land invasion. (Green and Yellow zone).
  • Accusations against Russia: Devastating civilian areas and usage of chemical weapons.
  • Accusation of kidnapping thousands of Ukrainian children, for which Vladimir Putin has been indicted by the International Criminal Court (ICC).
Court Cases
  • Vladimir Putin: Indictment for Kidnapping.
  • International Court of Justice (ICJ): Emergency injunction calling Russia to halt the war claiming it was unlawful.
  • ICJ: Pending genocide case.

Israel and Hamas War

  • Gaza Strip controlled by Hamas since approximately 2006.
  • Hamas attack on 10/07/2023: 1,200 people killed, >250 taken captive.
  • Israel's response: Massive land, air, and sea attacks on Hamas in Gaza City.
Court Cases
  • No ICJ injunction against Israel; ICJ told Israel to be careful and respect laws of war.
  • Genocide case in ICJ joined by 51 supporting countries.
  • Prime Minister Benjamin Netanyahu indicted as a war criminal.

US Response

  • Condemnation of Russia and sanctions.
  • Material aid to Ukraine.
  • Sympathy towards Israel with limited pressure/criticism.
  • Military, financial, and logistical aid to Israel.

International Relations Influence

  • Laws of armed conflict are related to world politics.
  • International relations influence the application and development of laws of warfare, and the laws of warfare are designed to influence the relations of nation states.

Example of Prosecution

  • Former Filipino president, Mr. Duterte: Arrest warrant issued by the ICC for killings related to the drug war.

Course Structure

  • Divided into three sections:
    • Weeks 1-4: Onset of Warfare
      • Role of international law in preventing war.
      • Legality of going to war.
    • Section 2: Conduct During Warfare/Battlefield
      • Weapons and targeting.
    • Section 3: Prosecution of War Crimes
      • Historical and present cases.

Course Requirements and Grading

  • Each section has ~10-11 video lectures.
  • Exam after each section.
  • Online exams with a 12-hour window to start, must be completed in one sitting.
  • Reflection essay: Focus on how the course changed your view of laws of warfare (10% of final grade).
  • Key Dates:
    • Exam 1: Thursday, June [Date].
    • Exam 2: Thursday, July [Date].
    • Essay Due: July 30.
    • Exam 3: Thursday, July [Date].
Assigned Readings
  • No textbook.
  • Three war novels:
    • Section 1: All Quiet on the Western Front (World War I).
    • Section 2: A Rumor of War (Vietnam).
    • Section 3: The Forever War by Dexter Filkins (Iraq).
      *Purchase the correct edition of the assigned version.
Grade Determination
  • Exams: 90% (30% each).
  • Essay: 10%.
  • Exams are non-cumulative.
  • Online multiple-choice exams.
Responsibilities
  • Watch all videos.
  • Read assigned books.
  • Honesty policy enforced using lockdown browser and AI to detect cheating.

Succeeding in the Class

  • Use flashcards for concepts, terms, cases, lists, etc.
  • Study groups are helpful.
  • Latin terms: Focus on provided translations.
  • Dates: Only memorize dates instructor indicates are important for the exam.
  • Read the assigned books