The course will describe the development of IHL, its rationale, how it fits with other branches of International Law protecting basic human rights, its main tenets, with specific reference to the principles of distinction, necessity, proportionality, and the prohibition to cause unnecessary sufferings. Students will learn how to identify a situation of armed conflict and determine which legal framework regulates the interaction between belligerents and between them and the civilian population. Special attention will be devoted to the normative framework concerning the provision of humanitarian assistance to the civilian population. Topics will also be covered from a practical perspective by employing case studies and role play exercises. 

Upon completion of this course, student will: 

- understand the role of IHL, its rationale, its main principles and its development throughout history; 

- be able to determine if, when and where IHL applies, both in situations of international and non-international armed conflict; 

- appreciate the legal distinction between civilians and combatants, and the legal consequences attached to it;

- have an understanding of and be able to apply the principles of distinction and proportionality, and of other rules pertaining to the conduct of hostilities;

- grasp the legal obligations of belligerents, humanitarian organizations and civilians with respect to humanitarian assistance operations.

Attendance is compulsory. Students are allowed a maximum of 1 absence.

Week 1: (2 + 2 hours)

Session I - Introduction to IHL and its rationale. In this initial session, we will try to come up with a tentative definition of IHL and to explore the rationale that underpins the establishment of this body of law.

Session II - The development of IHL and its relationship with other branches of International Law. During the second session we will briefly look at its historical development of IHL and place it in the context of other branches of international law dealing with the protection of human rights. We will then consider how the rules concerning to the conduct of hostilities (jus in bello) are related to those that attempt to prevent their eruption (jus ad bellum).

Reading materials: Textbook, Chapter 1

Week 2: (2 + 2 hours)

Session III - Applicability of IHL. This session will focus on the questions of when, where and to whom the rules making up IHL are meant to apply. In particular, we will try to understand if and how far it regulates the s.c. “War on Terror” and how these findings could influence the duties and responsibilities of States and non-State actors under International Law.

Session IV - Civilian and combatant status under IHL. The second session will focus on the criteria IHL sets to differentiate between “combatants” and “civilians” and on the legal consequences that this difference in status entails. We will discuss key notions such as “direct participation in hostilities” and also evaluate if the conditions of detention at Guantanamo Bay are in compliance with the captor State’s legal obligations under International Law.

Reading materials: Textbook, Chapters 2, 3 and 5

Week 3: (2 + 2 hours)

Sessions V and VI - Targeting. What kind of objects can be attacked according to the LOAC and under what circumstances? What are the rights and obligations of those conducting the attack and of those who suffer it? Under what conditions are “collateral damages” acceptable? What kind of weapons and tactics can legitimately be employed in combat? We will address these and other questions during the first session, and test the applicability of the relevant rules through case studies in the second session.

Reading materials: Textbook, Chapter 3

Week 4: (3 hours)

Session VII - IHL and humanitarian assistance. IHL contains clear rules that belligerent parties (and even States which are not involved in the conflict) must comply with in order to facilitate the provision of humanitarian assistance to individuals affected by an armed conflict. The sessions will illustrate what obligations must be respected to achieve this aim, and what role States and independent organizations have in ensuring minimum subsistence rights to civilians. The final part of the session will be devoted to the handling of a case study during which participants will be asked to solve cases requiring the application of the relevant rules.

Reading materials: Textbook, Chapter 6

NB. The exam will take place after the end of the last session (7 November 2025) and will last 30 minutes.