Criminal humanitarian law [DRHO2133]

Learning outcomes

The teaching of criminal humanitarian law aims to train students in the rules, of conventional or customary origin, whose non-respect can give rise to a criminal sanction, most often in the context of an armed conflict. The course also invites students to reflect critically on the various issues of international criminal justice.

Objectives

The course aims to develop knowledge of criminal humanitarian law and to open up reflection on the basis of current events and case law. It also aims at prevention through the dissemination of rules governing the conduct of operations, the use of combat methods and means and the protection of persons.

Content

For a long time synonymous with the law of armed conflict, humanitarian law, which has developed considerably, is now also applied outside of armed conflict. It is related to international criminal law and is aimed at punishing the crime of aggression, war crimes, genocide and crimes against humanity. Humanitarian law also includes many rules, both treatybased and customary, the violation of which is not criminalised. It also emphasises the importance of prevention, which implies, in particular, the wide dissemination of rules governing the conduct of operations, the use of combat methods and means, and the protection of persons who are not or are no longer participating in hostilities. The rules in this regard differ between international and internal armed conflicts. In addition, humanitarian law seeks to give victims a special place, while at the same time being attentive to peacemaking. After tracing the main stages in the development of criminal humanitarian law and commenting on the establishment of international criminal courts (from Nuremberg to the International Criminal Court, including "ad hoc" tribunals and mixed courts), it will be recalled that States have an obligation to prosecute and judge the perpetrators of these international crimes. The constituent elements of war crimes, genocide and crimes against humanity will then be presented, as well as the conditions of individual criminal responsibility and that of the superior. A number of case law examples will be presented as illustrations. The rules governing criminal prosecution and trial before the International Criminal Court will also be discussed. Among the applicable international instruments, the provisions of the Rome Statute will be examined in depth.