Contemporary Conflicts and the Law

Catalog description

This course explores the laws regulating state use of force in the pursuit of national security. Beginning with an overview of the web of domestic and international law that constrains the exercise of state power - including international human rights law, international humanitarian law (the law of war), and elements of constitutional and statutory law - the course examines the legality of the state practices reported regularly on the front pages of today's papers. Topics to be addressed include state use of armed force in self-defense; targeted killing, detention, rendition and trial of terrorist suspects; problems of human intelligence collection; and the involvement of private security contractors in traditionally governmental functions. The final sessions of the course will look at the effectiveness of different methods by which states aim to secure compliance with law in this realm, including the role of the courts. Drawing as much as possible on case studies from recent events, the course will consider throughout the sufficiency of current laws to handle the challenges posed by contemporary conflicts and explore options for addressing the dilemmas that remain.