LWMTUM-The Use of Military Force

Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:7
Terms in which taught: Autumn term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2023/4

Module Convenor: Dr Saeed Bagheri
Email: saeed.bagheri@reading.ac.uk

Type of module:

Summary module description:

The Use of Military Force explores a major area of public international law (also referred to as the jus ad bellum) that deals with the military actions of States. It examines the prohibition on the use of force in international law and the exceptions to that prohibition. As such, the module offers a unique insight into the some of the most controversial and fundamental aspects of the modern international legal order and their manifestations in practice (such as 2003 invasion of Iraq, international military intervention in the non-international armed conflict in Syria, and 2022 Russian invasion of Ukraine). It analyses the successes and failures of that order in attempting to, as the UN Charter put it in 1945, ‘save succeeding generations from the scourge of war’. The module essentially asks when – under what circumstances – is the resort to military force lawful. This question is assessed through both abstract examination of the law and through detailed real world case studies.

Aims:

This module examines the international law relating to when it is permissible to use force (jus ad bellum). It aims to develop an understanding of the principles of international law that regulate the use of military force in international society. In particular, it deals with the prohibition of the use force in Article 2(4) of the UN Charter and the recognized exceptions to that prohibition (namely the use of force authorized by the UN Security Council and the use of force in self-defence). As such, students will engage with key controversial uses of force from the modern era. The aim is for students to gain a detailed substantive understanding of the law on the of force, but also to understand both its value and limitations in practice. In addition, the module examines related concepts and doctrines, including military intervention by invitation, use of force in self-defence against non-State actors, the responsibility to protect, and neutrality during armedÌýconflicts.

Assessable learning outcomes:

On completion of the module, students will be expected to be able to:

• Draw upon a body of detailed substantive knowledge of international law gained through both class participation and self-study and apply this to particular examples of international disputes.


• Debate the relative legal merits of controversial claims made in the context of the use of force by states.


• Demonstrate an ability to set the substantive law content of the module in a wider context, both legal and non-legal, recognising where the law’s limitations and the law’s failings lie.

Additional outcomes:

Given the fact that the module is oriented towards small group teaching and independent study, it will encourage autonomy with regard to critical analysis of the legal topics examined, as well as high-level oral communication skills. The module will also require students to prepare a succinct case study on an international incident relating to the use of force, draw legal conclusions with regard to the incident (both in terms of its lawfulness and any long-term normative impact) and present this orally.

Outline content:

The module will cover such topics as:

• Introduction and history of the law on the use of force


• The prohibition on the threat and use of force


• Humanitarian intervention, pro-democratic intervention, and reprisals


• The law of self-defence: general principles


• The Law of self-defence: anticipatory/pre-emptive self-defence


• Military intervention by invitation


• Collective security


• Cyber uses of force and cyber self-defenceÌý


• The Interrelationship between Jus ad Bellum and Jus in Bello


• The war in Ukraine

Global context:

As one of our key global law modules, this module is inherently global in outlook, examining a fundamental area of international law that applies between all nation States.

Brief description of teaching and learning methods:

Teaching in this module is designed to provide students with a range of resources on which they can draw in their learning. The main elements are:

• A list of required and recommended readings, with notes and questions that will be used to guide class discussion and reflection.


• Ten weekly seminar classes of 2 hours each.Ìý


• Students will prepare a 10 - 15 minute ‘case-study’ presentation on an international incident where a state has used force, and present this in class.

Where there are Faculty seminars relevant to the area then students in the module will be encouraged to attend and given the opportunity to discuss the issues with visiting academic presenters.

Contact hours:

Ìý	Autumn	Spring	Summer
Seminars	20
Guided independent study:	180
Ìý	Ìý	Ìý	Ìý
Total hours by term	200	0	0
Ìý	Ìý	Ìý	Ìý
Total hours for module	200

Summative Assessment Methods:

Method	Percentage
Written assignment including essay	80
Oral assessment and presentation	20

Summative assessment- Examinations:

Summative assessment- Coursework and in-class tests:

An assessed essay of 15 pages (formatted in accordance with the School of Law’s Assessed Work Rules).

Formative assessment methods:

Penalties for late submission:

The below information applies to students on taught programmes except those on Postgraduate Flexible programmes. Penalties for late submission, and the associated procedures, which apply to Postgraduate Flexible programmes are specified in the policy 'Penalties for late submission for Postgraduate Flexible programmes', which can be found here: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmissionpgflexible.pdf
The Support Centres will apply the following penalties for work submitted late:

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of five working days;
• where the piece of work is submitted more than five working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmission.pdf
You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Assessment requirements for a pass:

50%Ìý

Reassessment arrangements:
See School of Law PGT Programme handbook

Additional Costs (specified where applicable):

1) Required text books:Ìý

2) Specialist equipment or materials:Ìý

3) Specialist clothing, footwear or headgear:Ìý

4) Printing and binding:Ìý

5) Computers and devices with a particular specification:Ìý

6) Travel, accommodation and subsistence:Ìý

Last updated: 20 September 2023