Law and Conflict

(delivered by Durham Law School)
Course Date: 2-4 May 2013
Course Leader: Dr James Sweeney
Dr Sweeney is Deputy Director of DGSi, and a senior lecturer in Durham Law School. His academic work on the rights of refugees has been quoted by the highest court in the UK. Dr Sweeney has acted as an expert advisor to the Council of Europe on freedom of assembly and Democracy-building projects in Armenia, Azerbaijan (with the Venice Commission), Georgia, and Kosovo. He has trained the Supreme Court of Ukraine on human rights law. In 2009 he advised the EU’s Committee of the Regions as it prepared its Opinion on Reforms to the Common European Asylum System.
Course Summary
This course introduces participants to the multiple interactions of law and conflict, before, during and after hostilities. Participants will learn how to identify the applicable legal regimes, and to identify the legal issues arising from conflict. Participants will work in groups to find and manipulate primary legal materials and to discuss presentations by staff from one of the UK’s most prestigious law schools.
The course is based on a hypothetical conflict. The scenario begins with peaceful assembly becoming violent in a former Soviet Republic. Members of a minority ethnic group seek refugee status in neighbouring states.
Legal issues at this stage include international human rights standards on freedom of peaceful assembly and public order policing; the notion and supervision of derogations in human rights law; and international refugee law.
The scenario continues with the eruption of civil war, NATO intervention, and attempted peace negotiations led by the UN Secretary General.
Legal issues at this stage include the applicability of jus in bello (law of armed conflict) to internal armed conflict; the general international prohibition on the use of force; R2P; and the notion of the UNSG’s ‘good offices’.
The scenario concludes with a return to relative albeit fragile peace, during which massive reconstruction and democratic reforms are necessary.
Legal issues at this stage include the right to democracy; local ownership of reconstruction; security sector reform; transitional justice; and international criminal law.
Course Outline
<span >Friday 3rd May
Session 1: Pre-Conflict Freedom of Peaceful Assembly, Emergency Situations, and Persecution
Session 2: Internal Armed Conflict and International Intervention
<span >Saturday 4th May
Session 3: Picking up the Pieces (1): Local ownership of reconstruction and security sector reform
Session 4: Picking up the Pieces (2): transitional justice and international criminal law.
Course Fees: £1,000 per course
What is included:
- Tuition and course materials
- Welcome dinner
- Lunch and refreshments for Friday and Saturday
- Saturday dinner
-
Bed and breakfast for two nights (additional nights can be secured at £50.00 per night)
Deadline for applications
Two weeks before the course commences.
Bursaries
Bursaries of £500 are available at the discretion of the Institute. Contact Dr Lorraine Holmes for details.
Deposit
A non-refundable deposit of £200 must be paid with the booking, the balance is due on Friday the week
preceding the commencement of the course.
Once the deposit has been paid access will be given to the course website which includes preparatory
reading materials and a full programme.
For more information contact: lorraine.holmes@durham.ac.uk
- Brochure (last modified: 2 October 2011)

