Last update: Ing. Richard Smejkal, Ph.D. (05.02.2024)
Contemporary armed conflicts increasingly attract public attention, especially from a security perspective. However, we will look at wars and warfare through the eyes of those who suffer the most, and we will be interested in the challenges we face in connection with modern conflicts and the protection of their victims. International Humanitarian Law (IHL; synonyms are "law of war", "law of armed conflict") is one of the paths that shows us that the consequences of warfare can be mitigated not only on the battlefield itself but also beyond it. Understanding the rules of war is therefore a fundamental prerequisite for contributing to the so-called humanization of wars. IHL is increasingly mentioned in the media, professional discussions, and among the public, so a basic orientation in this area is a useful asset for every graduate of humanities subjects. The subject is interdisciplinary, and we will encounter various perspectives: historical, philosophical, ethical, social, cultural, and anthropological. We will emphasize the role of civil society and its connection to the rules of warfare. We will also try to find answers to controversial questions related to, for example, autonomous weapon systems, robots, or artificial intelligence. The course is recommended not only for master's but also for bachelor's students.
The course is intended primarily for non-lawyers and should be helpful for those students who are specialising or considering careers in politics, governmental institutions, NGOs, security,
peacekeeping, human rights and humanitarian affairs, and journalists.
Last update: Ing. Richard Smejkal, Ph.D. (07.02.2024)
Současné ozbrojené konflikty stále více přitahují pozornost veřejnosti, a to zejména z pohledu bezpečnostního. My se však na války a válčení podíváme očima těch, kteří při nich strádají nejvíce a bude nás zajímat před jakými výzvami stojíme v souvislosti s moderními konflikty a ochranou jejich obětí. Mezinárodní humanitární právo (MHP; synonyma jsou "válečné právo", "právo ozbrojeného konfliktu") je jednou z cest, která nám ukáže, že následky válčení je možné zmírnit nejen na bojišti samotném, ale i mimo něj. Porozumění pravidlům válek je proto základním předpokladem, jak přispět k tzv. humanizaci válek. MHP je dnes stále častěji skloňováno v médiích, v odborných diskusích i mezi veřejností, a proto je základní orientace v této oblasti užitečnou výbavou každého absolventa humanitních oborů. Předmět je interdisciplinární a budou se nám v něm prolínat různé pohledy: historické, filozofické, etické, sociální, kulturní a antropologické. Důraz budeme klást na roli občanské společnosti a souvislosti s pravidly válčení. Zkusíme najít i odpovědi na kontroverzní otázky související například s autonomními zbraňovými systémy, roboty nebo s umělou inteligencí. Předmět je doporučen nejen pro magisterské (důraz na občanskou společnost a občanský sektor), ale i pro bakalářské studenty (interdisciplinární přesah). Vstupní požadavky nejsou stanoveny.
Aim of the course
Last update: Ing. Richard Smejkal, Ph.D. (05.02.2024)
Are wars just? Is there a law in war? Can wars be humane? Do you want to learn how to argue in matters of armed conflicts? What is and what is not humanitarian aid? Can humanity be exploited? Who is responsible for killing robots (so-called killer robots), autonomous weapon systems, drones, or artificial intelligence? And what is the role of civil society? How to understand some of the current war conflicts? Are you planning to work or help in crisis areas? Are you heading to international, governmental, or non-governmental organizations? What does a humanitarian convoy in a combat zone look like? Do you want to find out how international humanitarian law also applies to those who do not fight?
Although at first glance, it might seem that the issue of wars and their rules only pertains to lawyers or members of the armed forces, it is important to realize that these rules apply to all persons moving in an armed conflict environment, i.e., to all local civilian population, workers of non-governmental and humanitarian organizations, including medical and spiritual staff, journalists performing specific tasks, and even "war tourists". The seminar is beneficial for all potential interested parties in activities in non-governmental (humanitarian) organizations operating mainly in crisis areas. It is also suitable, for example, for those interested in working in the central bodies of state administration (Ministry of Foreign Affairs, Ministry of Defence, Ministry of Health, Ministry of Culture) and possibly for journalists and documentarians dealing with this issue. In the case of bachelor's students, it offers an interdisciplinary insight into questions related to warfare.
Descriptors
Last update: Ing. Richard Smejkal, Ph.D. (05.02.2024)
Wars are banned, yet they continue to occur. Do soldiers have unlimited options in combat? Whom do the Geneva Conventions protect? How are medics, humanitarian workers, and journalists protected in combat zones? Civilians are increasingly becoming part of combat operations. Does the situation in the Middle East affect the ways of warfare? Modern technologies, autonomous weapon systems, artificial intelligence, drones, and their regulation. Who is responsible for violations of the rules in war? What are war crimes? How is the law enforced at all?
The effort to mitigate the consequences of battles is as old as warfare itself, yet tangible results were only achieved in the historically recent past when the International Committee of the Red Cross managed to convince the major powers and lay the foundations of international humanitarian law (IHL). Law, which philosophically speaking, limits the originally unlimited, and law, which sets a standard of humanity. Although IHL does not eliminate all the negative consequences of armed conflicts, respecting its norms allows for the mitigation of unnecessary suffering of victims to achieve military objectives.
The role of civil society, the role of us all, is indispensable in creating the rules of war.
Syllabus
Last update: Ing. Richard Smejkal, Ph.D. (06.02.2024)
The teaching method is face-to-face (divided into six blocks), with the possibility of hybrid or distance learning during anti-epidemic measures. No prior knowledge in the field is required. The course is designed for both consecutive master's and bachelor's studies. The subject is interdisciplinary, intertwining historical, philosophical, ethical, social, cultural, and anthropological perspectives.
Block I: When does war start and end? And is it even important?
Introduction to the subject - the concept of IHL in historical, philosophical, and religious contexts (views of Christianity, Islam, Buddhism, etc.)
The distinction between ius ad bellum vs. ius in bello (the right to war vs. the law in war)
International and national mandates
Humanitarian aid vs. humanitarian intervention
Distinguishing between international and non-international armed conflicts
What is the role of civil society when war breaks out? How do the rules of ordinary life change?
The role of the UN and regional organizations (NATO and EU), the role of the International Red Cross, and the role of (international) non-governmental organizations
The concept and typology of armed conflicts
The concept of four generations of wars
When does a war start? How to evaluate unrest and violence? What is the war on terrorism?
Contemporary armed conflicts and their specifics
How does international human rights law relate to wars?
Multidisciplinary overlaps of IHL: anthropology of armed conflicts, gender issues, and stereotypes related to wars
Block II: What can and can't soldiers do in combat?
Geneva Conventions: how and whom they protect. Hague Conventions: how they determine the rules of combat.
Civil society and its ability to enforce changes in the means and methods of warfare.
Who is fighting whom? Who are combatants, insurgents, armed groups? What is the so-called privatization of wars?
What is and what is not self-defense? Is it possible to fight by any means?
Before someone pulls the trigger: are there any rules and limits?
What is deception and what is perfidious action?
Can any weapons be used for the purposes of victory?
Are modern means of warfare considered? Are drones, autonomous weapon systems, artificial intelligence, or cyber warfare regulated?
Block III: Civilians under fire.
Civilians (increasingly) on the battlefield.
Is it possible to encircle and starve a city full of civilians?
How must civilians adapt to life in war?
What are the psychological impacts on civilians affected by long-term conflicts?
Who is responsible for the suffering of civilians?
Do civilians in combat zones have any protection?
Why is terminology in the field of refugeehood often misused? Who is a war refugee?
What is the role of medics? Do they enjoy special protection? How is the security of medics ensured?
How do so-called underground hospitals emerge in combat zones, and why can healthcare become a "weapon"?
Block IV: Humanity live. The role of non-governmental organizations.
Protection of victims of armed conflict
Wounded, sick, and shipwrecked
Prisoners of war
Civilian population
Specially protected categories of persons
Women
Children
Journalists
How are civilians protected by the Geneva Conventions and international law in general?
What is the role of organizations like Human Rights Watch, Amnesty International, and others in increasing the protection of civilians in war?
How humanitarian corridors are established.
What must the leader of a humanitarian convoy know, what not to forget, how to get through military checks.
What is and what is no longer humanitarian aid. According to what criteria is humanitarian aid distributed?
Block V: When fog descends on the battlefield.
Who is a fighter, who is a killer?
How do volunteers easily become targets? Why is it important to know what limits and challenges war poses to civil society?
What about terrorists in war? Can every enemy be labeled a terrorist?
Is the so-called Islamic State a fighting party? Does it have any rights and obligations?
Who is a foreign fighter and who is a mercenary? Who fights for ideals and who for money?
What changes when civilians join the fights? What are human shields?
Is it possible to penetrate among non-governmental armed fighters and start explaining the rules of IHL? What does such training look like in the midst of battle?
Block VI: Who is guilty and who is innocent?
Responsibility in IHL. When does the state answer? When does the commander? And when the "jungle fighters"?
How can civil society (and the civic sector) contribute to the uncovering of war crimes, to the collection of evidence?
Is it possible to punish child soldiers?
Are sexual crimes in war investigated?
Must a soldier always obey the order of his commander?
War crimes and their prosecution. Is it possible to avoid prosecution?
International criminal tribunals (ICTY, ICTR, ICC). Will they punish every crime that occurs in war?
Last update: Ing. Richard Smejkal, Ph.D. (06.02.2024)
No prerequisites are set. The seminar acquaints participants not only with the basic rules of war but primarily with their application in real situations (examples from current practice). The aim is to connect with other disciplines, with an emphasis on practical understanding and application.
