LAWS6673 · Law

Law of War in Historical and Political Contexts

Boston College Law School

This course is divided into two parts: (1) an introduction to the use of force in international law, first through a historical study of the origins of jus ad bellum in Greco-Roman thought and just war theories of the late Middle Ages through the Religious Wars, and next through a look at contemporary law governing the commencement of hostilities; and (2) jus in bello or the law of armed conflict, covering topics in international humanitarian law, the law of genocide, and U.S. law of war. The majority of this course will be devoted to the law of armed conflict as topics are discussed in their legal, historical, and political contexts. We will consider what is lawful in combat and treaty protections for civilians, the wounded, prisoners of war, and other noncombatants. After a study of the Nuremberg Trials, we will turn to the topics of detention, interrogation, and torture, considering historical examples and the policies of the Bush and Obama administrations post 9/11. We will then discuss the regulation of weapons in warfare and analyze case studies of how specific new technologies like remotely controlled unmanned aircraft (drones) and autonomous weapon systems challenge traditional understandings of the law of armed conflict. Later in the course we will cover the subject of genocide how it is defined, historical and contemporary examples, applicable law, and how the International Criminal Courts have applied the law. Our final topic will be cyberwar, AI, and the future of the law of war.