UNIVERSITY OF SAN JOSE RECOLETOS

SCHOOL OF LAW

COURSE SYLLABUS

Course Title: HUMAN RIGHTS AND IHL

Instructor ATTY. MAE ELAINE T. BATHAN
No. of Units: TWO (2) UNITS
Semester/ SY: 1ST SEMESTER 2016-2017
Department/Track:
Pre-requisites:

I. COURSE DESCRIPTIONANDOBJECTIVES

Course Description

This subject is divided into two parts, International Human Rights Law and
International Humanitarian Law.
International Human Rights Law is the body of international law designed to
promote and protect human rights at the international, regional and domestic
level.
International Humanitarian Law is a set of rules which seek, for humanitarian
reasons, to limit the effects of armed conflict. It protects persons who are not or
no longer participating in hostilities and restricts the means and methods of
warfare.

Learning Outcomes

Upon completion of this course, students will be able to:

know/understand the Human Rights, the Regional Systems and the
International Conventions and Treaties promoting Human Rights
know/understand International Humanitarian Law, its sources and the
Geneva Conventions
be able to state the difference between International Human Rights Law and
International Humanitarian Law
Determine when the two laws will apply
Be able to compare the compliance by the states in the domestic setting
Be able to apply the conventions and the treaties in the domestic setting
Be able to learn how to enforce the law and determine whether a state
has committed a violation of IHR or IHL
Be able to determine jurisdiction and know what legal action to take in
order to enforce violations

Methodology

The course will employ recitation as

the primary method of instruction, to
develop the students power of
analysis, reasoning, and facility of
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 expression. The students will be
answering a series of questions,
based on assigned legal provisions,
court decisions and other readings,
to stimulate critical thinking and
enhance their communication and
argumentation skills.
For IHL, there will be a film showing
to understand the works and
function of the International Criminal
Court as well as analysis of the
application of the Rome Statute
based of the decisions of the
international tribunals through case
analysis and moot court.

II. COURSE OUTLINE and MATERIALS

Week/Session Topic
Week 1 I. INTRODUCTION
A. What is Human Rights
B. Human Rights as Entitlements
C. What are the two types of entitlements
1. Positive Claim
2. Negative Claim
D. Monitoring Human Rights
1. Treaty Based Mechanism
a. State Reporting
b. Individual Communication
c. The implementation of findings of UN Human Rights
Treaty bodies
d. Interstate Complaint
e. Individual Complaint
f. Inquiry Procedures

2. Charter Based Mechanism

The United Nations Charter-Based monitoring of human rights
g. Establishment of Human Rights Council
h. Complaints Mechanism
i. Universal Periodic Review
Special Procedures

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Week 2 E. United Nations System
1. Organizational Structure of the United Nations
- General Assembly
- UN Security Council
- International Courts
- ECOSOC
- Human Rights Council

Week 3 II. REGIONAL SYSTEM OF HUMAN RIGHTS

a. The Council of Europe and Human Rights
b. The Organization of American States and
Human Rights
c. The African Union and Human Rights

Week 4 IV. LIMITATIONS AND RESERVATIONS TO HUMAN RIGHTS

State Responsibility and Jurisdiction
National Territory and Effective Control
Extra-territorial obligations under international human rights law
The responsibility of states for the acts of the international organizations
The typology of States obligation and obligation to respect
a. Typology of States obligations
b. Rights of an absolute character
c. Regime of Rights which may be restricted
The application of human rights in private relationships and the
obligation to
protect
d. The imputability to the State of the conduct of
non-state actors and the obligation to protect
e. Measuring the scope of the obligation to protect
II. The progressive realization of human rights and the
obligation to
fulfill
III. Derogations in time of public emergency
IV. Mechanism of Protection
a. Judicial Remedies
b. Non-judicial Mechanism

Week 5 V. OVERVIEW OF THE DIFFERENT HUMAN RIGHTS TREATES

Week 6 VI. ICCPR & ICESCR
Week 7 VII. CEDAW & CRC
Week 8 VIII. MWC, CAT & ICERD
I. Concept and Purpose of Interntaional Humanitarian
Week 9 Law
A. International Humanitarian Law as a branch of
international Law
B. Fundamental distinction between Jus ad Bellum and
Jus in Bello
1. The prohibition on the use of force and
exceptions
2. The inevitable tension between the prohibition of
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 the use of force and International Humanitarian
law
3. Complete separation between jus ad bellum and
jus in bello
a. reasons
b. consequences of the distinction
c. contemporary threats to the distinction
4. The distinction in non-international armed conflict

Week 10 II. International Humanitarian Law: a brand of

International Law Governing the Conduct of states and
Individuals
A. Situations of Application
1. Qualifications not left to the parties of the conflict
2. International armed conflicts
3. Non-International armed conflict
4. Acts of terrorism
5. Other situations

B. Personal scope of application

C. Temporal scope of application
D. Geographical scope of application
E. Relations governed by international humanitarian
law
1. Individual State
2. State State
- applicability of treaties
- ways to be bound
- declaration of intention
- interpretation
- reservations
- denunciations
- amendments
3. Individual Individual

Week 11 III. Sources of Contemporary International Humanitarian

Law
A. Treaties
1. Hague Conventions
2. Four Geneva Conventions of 1949
3. Two Additional Protocols of 1977

B. Customary Law
C. Fundamental Principles of International Humanitarian
Law
1. The Martens Clause
2. Principles of International Humanitarian Law
a. humanity
b. necessity
c. proportionality

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 d. distinction
e. prohibition of causing unnecessary suffering
f. independence of jus in bello from jus ad
bellum

Week 12 IV. Fundamental Distinction between Civilians and

Combatants
A. Activities
B. Rights
C. Punishable
D. Protection
E. The fundamental obligation of combatants to
distinguish themselves from the civilian population

Week 13 V. Combatants and Prisoners of War

A. Who is a combatant
1. A member of the armed forces lato sensu
2. Levee en masse
3. Exceptions: - spies
- saboteurs
- mercenaries
- terrorists
B. Who is a prisoner of war
1. Presumption of combatant and prisoner-of-war
status
2. Status of Unlawful Combatants
3. Treatment of prisoners of war
C. Transmission of Information
D. Monitoring by outside Mechanism
E. Repatriation of prisoners of war

Week 14 VI. The Law of Non-International Armed Conflict

A. Definition of Non-International Armed Conflict
B. Comparision of the Legal Regimes for International
Armed Conflict and Non-International Armed
Conflict
1. Fundamental Difference to protected person
status
2. Similarities
- protection of all those who do not and are
no longer taking part in the hostilities
- the wounded and the sick
- prohibition of rape and sexual violence
- treatment of detainees
- judicial guarantees
C. The Rules of Common Article 3 and of Protocol II
1. Principles under Common Article 3
- non-discrimination

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 - humane treatment
- judicial guarantees
- obligation to collect and care for the
wounded
2. Rules under Protocol II
D. Customary Law on Non-International Armed Conflict
E. Applicability of the General Principles on the
Conduct of Hostilities
1. Principle of Distinction
2. Principle of Military Necessity
3. Principle of Proportionality
4. Right to relief
5. Necessity of look into the law of international
Armed conflict and the Human Rights Law
F. Necessity of Analogies with the Law of International
Armed Conflicts
G. Different types of non-international armed conflicts
H. Who is bound by the law of non-international armed
conflict

Week 15 VII. Implementation of IHL

Week 16 VIII. The Rome Statute and International Criminal Court

A. Definition of Crimes
- The concept of grave breaches of IHL and
concept of war crimes
- The extension of the concept of grave
breaches to non-international armed
conflicts
- The repression of violation of International
Humanitarian Law which are not grave
breaches
- Crimes against humanity
- Genocide
B. Participation in war crims
C. Defenses
D. The prosecution of war crimes

III. REFERENCES AND MATERIALS

Principal References:

Each student must have a copy of the following:

1. Charter of the United Nations

2. Universal Declaration of Human Rights
3. UN Human Rights Conventions
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 4. 1987 Philippines Constitution
5. Geneva Conventions I-IV and Optional Protocols 1& 2
6. Rome Statute
7. Republic Act 9851

Topical Readings and Other Assignments

Reference
Laguna lake Development Authority vs. Court of Appeals,
231 SCRS 292)
Bayan vs Zamora GR Nos 138570, 138572, 138587, 148680
Lim vs. Executive Secretary G.R. No. 151445 April 11, 2002
Pimentel vs. Executive Secretary 462 SCRA 622
Nicaragua vs. United States ICJ Reports 1986
North Sea Continental Shelf cases ICJ Reports 1969
Australia vs. France; New Zealand v. France, ICJ 1974
X and Church of Scientology vs. Sweden
Barcelona Traction, Light and Power Company ICJ Report
1970
Loizidou vs. Turkey
Case of Paco Laranaga vs. the Philippines
Karen Vertido case
Mahmut Kaya vs. Turkey

Dusko Tadic vs. the Appeals Chamber

Prosecutor vs General Tihomir Blaskic

Prosecutor v. Kordic and Cerkez, Case No. IT-95-14/2 (Trial

Chamber), February 26, 2001. Prosecutor v. Kunarac, Kovac and
Vokovic, Case No. IT-96-23 and IT-96-23/1 (Appeals Chamber),
June 12, 2002.

Prosecutor v. Akayesu, Case No. ICTR-96-4-T (Trial Chamber),

September 2, 1998.

Prosecutor v. Kambanda, Case No. ICTR-97-23 (Trial Chamber),

September 4, 1998.

V. COURSE REQUIREMENTS AND GRADING SYSTEM

The student is expected to come to class on the stated schedule.

Daily sessions will cover class recitation of the assigned readings, case
assignments as well as a recap and review of the previous sessions discussion.
In all instances a student must maintain a passing grade of 75%

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Students will be assessed based on class standing, long quizzes/major
examination composed of preliminary examination, midterm examination, pre
final examination and final examination.

Course Grade Breakdown Description

Requirements
Class standing 50%
Class standing tests the preparedness of
Recitation the student during each session. It serves
Quizzes as an assessment on the part of the
Reaction student as to how he/she has understood
papers the reading list in relation to the cases
Moot court assigned. It also measures a students
Case digests understanding of the discussion in the
Case profile previous meetings.
and analysis
This also tests the ability of the student to
apply the legal provisions and
jurisprudence to hypothetical cases
given.
Long Quizzes 50%
and Major
Examinations
Final grades will be computed based on
the following formula:

Raw MG + TFG /2 = FG

V. COURSE POLICIES

All students are expected to come to class on time wearing the prescribed blazer
and ID in compliance with the school policies.
Students called for recitation and are either absent or fails to answer will be given
a 5.0 for the session.
There will be no special examination for quizzes given.
Special examinations are not given except for compelling reasons where the
student has informed the professor prior to the scheduled date of examination.
There will be no removal examinations. Grades submitted are final and
unappealable.

VI.CONTACT AND OTHER INFORMATION

A facebook group shall be created where communications may be posted

and notes when given will be shared.
Professor may be reached at the School of Law office.
Note: The professor reserves the option of amending the reading list and
assignments as exigencies warrant.