564.01 Combatants & Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay

The central organizing principle of the jus in bello (the law of war governing the conduct of hostilities) is the distinction between combatants and non-combatants.  Combatants and Civilians: The History of Status in the Law of War From Medieval Europe to Guantanamo Bay will trace the historical development of combatant and non-combatant status in the law of war, examining in particular the constellations of (mutual and conflicting) state interests that produced that body of law.  Informed by that historical analysis, the course will then consider the meaning of the current debate on the status of “unlawful combatants” (or “unprivileged belligerents,” as restyled by the Obama administration) in the counterterrorism context and the contemporary implications of that debate

Special Notes:

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Spring 2018

Course Number Course Credits Evaluation Method Instructor
564.01
Course Credits
Scheduled in-class examination
Take-home examination
Class participation
Madeline Morris
Sakai site: https://sakai.duke.edu/portal/site/LAW.564.01.Sp18
Email list: LAW.564.01.Sp18@sakai.duke.edu
Course
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - LLM-ICL