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Master course

Law of Armed Conflict, with emphasis on maritime operations

Law of Armed Conflict, with emphasis on maritime operations, is a new 10 ECTS course presenting the central principles of the law and discussing ethical dilemmas and the interplay with general human rights obligations.

JUS286-2-A Law of Armed Conflict

JUR661 Law of Armed Conflict, with emphasis on maritime operations is a new 10 ECTS course, developed and special designed as one of six courses in a new part-time Master's program: Executive Master’s Programme in Operative Management and Exercise of Authority
Produsent:
UiB

Hovedinnhold

The Law of Armed Conflict (LOAC) applies between parties to an armed conflict, be it an international armed conflict or non-international armed conflict (sometimes called an internal armed conflict). The subject of LOAC is therefore not when or if parties to a conflict have the right to resort to armed force - but the rules applicable between them when they do. 

JUR661 Law of Armed Conflict, with emphasis on maritime operations is a new 10 ECTS course, developed and special designed as one of six courses in a new part-time Master's program: Executive Master’s Programme in Operative Management and Exercise of Authority. The course may however also be taken as a stand-alone course. 

Course content

The Law of Armed Conflict is built around four principles: (i) Distinction between military and civilian targets, (ii) Proportionality, (iii) Military necessity and (iv) Limitations. The course will focus on these basic principles in depth.

The course will further focus on the interplay between LOAC and general human rights obligations. As LOAC applies in situations where life is routinely taken, and suffering routinely caused, LOAC is also fraught with ethical dilemmas. The role of ethics in the determination of the law, as well as its implications for professionals working in the field of LOAC, must thus be addressed and discussed. 

For its theatre of operations, the course will focus on the often less discussed maritime theatre. Being the main source of force projection for non-neighbouring States as well as playing a vital role in resupply, allied support and early threat detection as well as self-defence, the oceanic space is of great importance in large-scale conflicts. 

In addressing these issues, the course is practically focused, asking students to take on the role as Legal Advisers to military commanders. A role specifically provided for in Additional protocol I article 82. Students will be presented with concrete circumstances, and asked to provide legal advice. The candidates will be asked to draw on relevant experience both to ground the course in practicable questions, to further understanding and to increase learning both for the sharing candidate and for the group. 

Central themes:

  • The method and sources of international law, with particular emphasis on questions and differences that arise in LOAC  

  • The application of Human Rights Law in situations that are also covered by LOAC 

  • The rules concerning protected persons and objects 

  • The four central principles of LOAC, and especially their application in maritime operations 

  • The meaning and importance of status as a combatant, non-combatant and civilians 

  • The limitations LOAC presents on means and methods of armed conflict, especially as these apply to operations conducted at or from the sea 

  • The legal status, as well as rights and obligations that concern neutrals 

  • Special questions that arise in maritime operations covered by LOAC, like questions of blockade and the establishment of security/exclusion zones  

See complete course description

Course plan

This course will be taught each Autumn semester and will be taught in close coordination with the campus course JUS296-2-A. 

The course is taught through a blended learning environment, combining the use of digital modules with seminar modules. The physical lectures are not mandatory, but we recommend that you attend if possible. In the physical modules, the theory is transferred to practical questions. Students will be invited (and required) to actively participate in knowledge sharing and production.  A digital version of the lectures will however be available, making it possible to follow the course from anywhere.

The course also consist of digital modules discussing the theoretical underpinnings of the subject and facilitating self-study. 

The course has a mandatory group assignment that is held in collaboration with the parallel campus subject JUS296-2-A. The group assignment will ensure interchange of ideas between candidates, across disciplines and cultures. It also helps support the learning goals of oral and written presentation of knowledge, and collaboration. The mandatory assignment is assessed pass/non-pass.  

Final assessment

The course has an oral exam. Students will two days prior to the exam be given access to a factual description. Based on this the students are to prepare legal advice for a commander. In the exam, of approx. 25 min, the students will be asked to present their legal advice, and receive questions on this. If deemed necessary, the candidates may also be questioned on other parts of the course.  

The exam may be performed in English or Norwegian, by your own choice.

Admission criterias

This course is part of an Executive Master`s Program and you must therefore fulfil the following admission criterias: 

  • Bachelor's degree, master's degree or other equivalent degree or vocational education of a minimum of three years (180 credits)
  • A minimum of two years' relevant professional experience from operational activities in various organizations and/or public agencies engaged in the exercise of authority.

You must document that you fulfil both the described educational requirements and the required work experience when you register your application. It is possible to compensate for max. one year of the three-year education requirement by documenting long and relevant work experience, beyond the minimum requirement of two years.