Fifth Year B.A. LL.B. - Semester X
Fifth Year B.B.A. LL.B. - Semester X
Third Year LL.B. - Semester VI
Optional Subject 6 (Any one from the following) :
LO 1009 Humanitarian and Refugee Law :
Objectives of
the Course : The objective of this course is to familiarize the student
with the expanding horizons of a branch of international law. The law of war is
today popularly referred to as International Humanitarian Law (IHL). A number
of issues arise out of humanitarian consideration, which fixes responsibilities
on the nation-states to discharge their traditional responsibility under
International Law. In view of the expanding tenants of international law of
human rights, war and the various issues and crimes of individuals have to be
dealt in without violating the international norms. In this course, the student
is presented an overview of various aspects and institutional mechanism that
has been developed over the years by states parties.
The second part on Refugee Law is also critically
important and again brings forth the responsibility on nation-states to
discharge their obligations in the prevention of Statelessness and the
resultant consequences that arise out of loss of nationality. In view of the
compelling jurisprudence of Human Rights Law, the states have an onerous duty
to extend protection to people who lose their nationality for no fault of us.
In this area again the aspects of Human Rights highlights that Individuals
being a subject and object of international law, the responsibility of the
States to protect the rights that are guaranteed under various international
legal instruments.
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Module 01 |
Introduction to
International Humanitarian Law (IHL) : 1.
History and Development of IHL 2.
Application of IHL - Martens Clause 3.
Definition of Armed Conflict - International
Armed Conflict and Noninternational Armed Conflict - Common Articles 2-3 4.
International Law and Humanitarian Law 5.
IHL and Human Rights |
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Module 02 |
Protected Persons
and Conduct of Hostilities : 1. Wounded, The Sick, The Shipwrecked |
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2.
Prisoners of War 3.
Medical, Religious and Relief Personnel 4.
Protection of Civilians 5.
Protection of Women and Protection of Children
6.
Protection of Cultural Property 7.
Means of Warfare 8.
Methods of Warfare |
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Module 03 |
Implementation of
IHL and Institutional Mechanisms : 1.
Basic issues involved in Implementation of IHL
2.
Implementation of Law at National Level 3.
Grave Breaches of Geneva Conventions and
Additional Protocols 4.
Role of ICRC 5.
War Crimes Tribunals - an Overview 6.
International Criminal Court - Jurisdiction,
Powers and Functions 7. Conventions and Protocols to be
covered in this area : a)
The First Geneva Convention Protects Wounded
and Sick Soldiers on Land During War, 1949 b) The
Second Geneva Convention
Protects Wounded, Sick
and Shipwrecked Military Personnel at Sea During War, 1949 c)
The Third Geneva Convention Applies to
Prisoners of War d) The
Fourth Geneva Convention Affords Protection to Civilians, Including in Occupied
Territory e)
Protocol Additional to the Geneva Conventions
of 12 August 1949, and relating to the Protection of Victims of International
Armed Conflicts (Protocol I), 8 June 1977 f)
Protocol Additional to the Geneva Conventions
of 12 August 1949, and relating to the Protection of Victims of
Non-International Armed Conflicts (Protocol II), 8 June 1977 g) Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to
Adoption of an Additional Distinctive Emblem, (Protocol III), 8 December,
2005 8. Judicial Decisions : a)
International Military Tribunal at Nuremberg b) International
Military Tribunal for the Far East (Tokyo) c)
International Criminal Tribunal for the Former
Yugoslavia (ICTY) d) International
Criminal Tribunal for Rwanda (ICTR) e)
Special Court for Sierra Leone |
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Module 04 |
Contemporary
Challenges : 1.
Respect for IHL 2.
IHL and Terrorism 3.
Private Military Contractors 4.
New Methods of Warfare – Drones, Cyber
Warfare, Autonomous Weapon Systems |
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Module 05 |
Introduction to
International Refugee Law : 1.
Historical Background of Refugee Law 2.
Meaning and Definition of Refugee under
various International Documents 3.
Difference between Refugees and Internally
Displaced Persons 4.
Human Rights and Refugees – an overview |
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Module 06 |
International
Framework for Refugee Protection : 1.
Asylum 2.
Protection 3.
Non-refoulement 4.
Non-discrimination 5.
Family Unity 6.
Durable Solutions 7.
International Cooperation, Burden Sharing,
Extradition of Refugee, voluntary, Repatriation, Naturalization 8.
Role of UNHCR in the Protection and Promotion
of Refugee Rights - an Overview |
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Module 07 |
Refugees in Indian
Context : 1.
Legal and Constitutional Provisions 2.
Reasons for non Signatory to Refugee
Convention, 3.
Role of Indian Government in Protecting
Refugees 4.
Role of NHRC and Judiciary |
Recommended Readings :
1. Kavin
M. Cahill, Basics of International
Humanitarian Missions (2003).
2. V.
K. Ahuja, Public International Law,
LexisNexis (2016).
3. ICRC,
International Humanitarian Law : A
Comprehensive Introduction (2016) :
Available at : https://www.icrc.org/en/publication/4231-international-humanitarian-lawcomprehensive-introduction.
4. ICRC,
International Humanitarian Law : Answers
to your questions, (2015) Available at: https://shop.icrc.org/droit-international-humanitaire-reponses-a-vos-questions-2616.html
5. ICRC,
Summary of the Geneva Conventions of 12
August 1949 and their Additional Protocols (Second Edition, 2012).
6. M.K.
Balachandran and Rose Varghese, eds., Introduction
to International Humanitarian Law (1997).
7. Fleck,
Dieter, ed., The Handbook of Humanitarian
Law in Armed Conflicts (1998).
8. Frits
Kalshoven, Liesbeth Zegveld, Constraints
on the Waging of War : An Introduction to International Humanitarian Law
(2001).
9. Durham,
Helen, McCormack, Timothy L. H., eds., The
Changing Face of Conflict and the Efficacy of International Humanitarian Law
(1999).
10. Lindsay
Moir, The Historical Development of the
Application of Humanitarian Law in Non- International Armed Conflicts to 1949,
Vol. 47 International and Comparative Law Quarterly, 337-61 (1998).
11. R.
K. Dixit, R. K. P. Shankardass, C. Jayaraj, and Manoj K. Sinha, International Criminal Law: Issues and
Challenges (2009), Indian Society of International Law.
12. B.S.
Chimni, ed., International Refugee Law :
A Reader (2000), Sage Publications.
13. Carlier,
Jean Yves, et. al., Who is a Refugee? A
Comparative Case Law Study (1997).
14. Goodwin,
Gill, Guy S., McAdam, Jane, The Refugee
in International Law (3rd edn,) 2014, Oxford.
15. James
C. Hathaway, The Rights of Refugees
Status under International Law (2014) Cambridge.
16. Arjun
Nair, National Refugee Law for India :
Benefits and Roadblocks (2007).
17. South
Asia Human Rights Documentation Centre (SAHRDC), Human Rights and Humanitarian Law: Developments in Indian and
International Law (2008).
18. UNHCR
and IPU, Refugee Protection : A Guide to
International Refugee Law (2001).
19. Ragini
Trakroo, et. al., Refugee and the Law
(2005).
20. Bimal
N. Patel : The State Practice of India
and International Law (2016).
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
