Course: International Humanitarian Law
Length: 7 weeks
School/platform: Université catholique de Louvain
Instructors: Raphaël Van Steenberghe, Jerôme de Hemptinne
Starting with the sources and subjects of IHL, as well as its scope of application, the course will address the main substantive norms of IHL governing: the conduct of hostilities; the protection afforded to persons in the hands of the enemy; occupation; and implementation of IHL.
We will discuss questions such as:
• who and what can be targeted by the enemy.
• which weapons can be used.
• which method of warfare is authorized.
• who enjoys protection and what type of protection.
• which norms apply in non international armed conflicts.
We will also deal with the different ways through which IHL can be implemented and how belligerents may be held accountable for violations of its rules when committing war crimes or crimes against humanity.
Short version: Fascinating course, highly relevant to current events, but be prepared to do some serious work. I took the preliminary International Law mooc (listed as a prerequisite, for good reason) last fall, so I had some idea what to expect. Don’t be discouraged by a poor showing on the first exam: it’s the hardest of the course, and it’s possible to recover from a horrible score and finish with a reasonably decent grade. Trust me. 😉
The course was divided into three sections. The first, two weeks long, outlined the distinctions between IHL and Human Rights law. IHL pertains to rights and responsibilities in times of armed conflict: the Geneva Convention quoted in ever war movie since the late 40s (it’s actually a suite of four, plus a couple of Additional Protocols and various Advisory Opinions, but you get the general idea). In contrast, Human Rights law is more about overarching basics and has nothing to do with war. The two are related, and that relationship took up a significant portion of the first week: how to interpret one in light of the other, and which way that works in various situations and by what principle according to whose pronouncement. It sounds simple now, but it took me an embarrassingly long time to know which was which. This first section also looked at sources of IHL, and the history of its development.
The details of IHL – types of armed conflicts (international, non-international, occupation) and forces (state forces, armed groups, terrorists) – started the second section (3 weeks) and was likewise tricky, but essential to understanding so many contemporary conflicts. Then the focus was on the Geneva Convention relating to protection of POWs and civilians, and the very complicated question of the civilian soldier. Rules of weaponry, tactics, and targeting finished up the section; much of this material was intense, particularly since things were happening in the real world at the same time: the illegal use of chemical weapons in Syria, the US bombing in response, the superbomb in Afghanistan.
The final section in weeks 6 and 7 covered the legal framework of IHL – the International Committee of the Red Cross, the International Criminal Court, the UN, individual international Tribunals and hybrid ad hoc courts – and the legal methods of sanctioning violations of IHL and prosecuting war crimes. This was a welcome relief, in terms of both workload and topic.
Each week featured several videos and readings outlining individual situations and cases. The course lists a time allowance of 6 to 8 hours a week; I estimate I spent about 12 to 14 hours a week in the middle section, a bit less elsewhere. Some of that is because of my process of obsessive note-taking, but it’s not the sort of material where I can listen to a video, read a page, and be on my way; it takes multiple plays/readings, and time to understand, incorporate, and relate to prior material. I have no legal or international background other than the one prior course; others may find it much easier. Each week also featured an extended (about a half hour) discussion with practicing IHL professionals: professors at various institutions, as well as organizational, military, and diplomatic specialists, fleshing out the academic discussion with practical considerations and the realities of the real world.
Addendum: I realized, after publishing, that I’d left out a paragraph, sorry! I did have one disappointment with this course, and that was in the reliance on lectures laden with textbook language. Given the unusual relevance of the topics covered, I wonder if it would be possible to present a more engaging class, one with opening questions and more of a conversational feel. I suspect that’s not the way they do things in law schools, but maybe a mooc should try to be a bit different. Then again, given that this is something of an extension of a bricks-and-mortar degree, it might be wise to prioritize academic tone and intent rather than try to become more accessible to less targeted interests.
Grading was divided among three sources. One or two multiple choice questions followed most videos or readings, which together counted for about roughly a third of the final grade. Each section, as outlined above, ended with an assignment: two were multiple choice, one was a peer-assessed essay (for Verified students, this was staff-graded). These also counted for about a third. The final multiple choice exam (for Verified students, another essay was added on) comprised the final third.
I was taking the “WWI and Philosophy” course concurrent with this one, which had some interesting congruences: the Clauswitz philosophy against the development of IHL, the German idealists and the Just War principle. The recent ISIS destruction of Palmyra and other cultural treasures came up in both. For the record, it was a violation of international law, but good luck enforcing that, particularly when dealing with an armed group rather than a state. And that, right there, is the main problem with IHL: while there’s no doubt the rules have helped to some degree to contain the suffering that comes with war, enforcement is inadequate at best. Once in a while justice can be done – we looked at tribunals regarding the former Yugoslavia and Rwanda – but mostly it’s a matter of permitting third-party attacks upon military targets in response to violations as a means of deterrence. This wasn’t glossed over in the course, by the way.
Another interesting real-life crossover – or sort of real-life: for several months I’ve been listening to a podcast covering individual episodes of the 2000-2006 TV show The West Wing. Yes, we’re weird, but some of us need some liberal porn in these times. During this course, one of the episodes discussed involved war crimes, and the podcast featured a rather extensive (for an entertainment podcast) discussion with the US former ambassador to the UN, David Pressman covering various aspects of war crimes. I was pleased to recognize so many concepts. I wish I’d been able to ask some questions about the specific incident depicted in the show (I don’t think Leo, as jet pilot, was obligated to verify his target was, in fact, military; that was his superior’s responsibility; and then there’s the retroactivity issue), but alas, the podcast upfront is one way.
This is, as I’ve said, the second of the Louvain international law courses I’ve taken. I’m still enrolled in the Human Rights Law segment, but it seems less approachable so I’ve left it for “someday”. The fourth segment is on investment law, a topic that carries no interest for me whatsoever. These four courses comprise the Louvain MicroMasters, which, if passed (as a Verified student, $150 fee) complete about a third of the credits necessary for a Master’s degree from Louvain (I’m not sure of the subject of the degree, I haven’t looked that closely).
Verified students had a slightly different exam path in this course: the essay for the third assignment is staff-graded rather than peer-assessed, and the final includes another staff-graded essay instead of an additional set of multiple choice questions.. I’ve been highly critical of courses that offer different assessment practices for audit and verified students (that is, those who pay and those who don’t) but here, where academic accreditation is an option, I think it’s a valid approach. The purpose is not to get people to pay for a certificate that’s of dubious value, but to more accurately assess students who might be using the credits earned in the degree program. It’s also a creative approach to using moocs as a supplement, rather than a replacement, to higher education, making credentials more accessible to a wider field. At least, that’s my view from well outside academia.
Even though I have no practical reason to take these courses, they’ve been helpful in seeing a larger picture and interpreting events in different ways. I probably could’ve done the same thing without quite so much work, but I like a challenge.