LL.B. (Three Years) Humanitarian and Refugee Law Syllabus - SPPU 2026

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Syllabus for Humanitarian and Refugee Law

Semester 6 · Third Year · Elective course, any one · 4 credits

Course aims

This course aims to offer an overview and thorough analysis of the basics of International Humanitarian Law (IHL). Acquire key concepts which are essential to understand IHL principles of IHL and their relevance in contemporary armed conflicts, the core sources of IHL - the Geneva Conventions and their Additional Protocols, the rules protecting persons and regulating the conduct of hostilities and the general and specific mechanisms to ensure respect and to sanction violations of IHL. By the end of this course students will develop the ability to analyze IHL implementation. Refugee Law emphasises 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. The states have an onerous duty to extend protection to people who lose their nationality for no fault of theirs, hence the rights of the refugees are guaranteed under various international legal instruments.

Objectives

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.

Outcomes

● Students will be able to understand the historical basis for the development of the International Humanitarian Law.
● Students will get acquainted to the core of IHL viz the four Geneva Conventions and two Additional Protocols to the Geneva Conventions;
● Students will get an understanding of the application of international humanitarian law to the actions of military forces and the impact of the law upon the protection of civilian populations in specific contexts; and
● Students will be able to critically analyse the current problems that have emerged in the implementation and interpretation of international humanitarian law.
● Students will get acquainted about the rights of the refugees and the obligation of the states in protecting their rights.

Module 01: Introduction to International Humanitarian Law (IHL)

1. Meaning, History and Development of IHL
2. Principles of IHL - Military Necessity, Distinction, Proportionality, Precaution, Unnecessary Suffering and Humane Treatment.
3. Application of IHL - Martens Clause
4. Definition of Armed Conflict - International Armed Conflict and Non- international Armed Conflict - Common Articles 2 and 3 of the Geneva Conventions of 1949
5. Relationship between International Law and International Humanitarian Law
6. Relationship between International Humanitarian Law and International Human Rights Law

Module 02: Protected Persons and Conduct of Hostilities

1. Wounded, The Sick, The Shipwrecked
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. Limitations on Means of Warfare
8. Limitations on Methods of Warfare

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

Module 04: Conventions and Protocols

1. Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1949 (Important Provisions).
2. Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1949 (Important Provisions)
3. Convention (III) relative to the Treatment of Prisoners of War, 1949 (Important Provisions).
4. Convention (IV) relative to the Protection of Civilian Persons in Time of War, 1949 (Important Provisions)
5. 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 (Important Provisions)
6. 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 (Important Provisions)
7. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to Adoption of an Additional Distinctive Emblem, (Protocol III), 8 December, 2005 (Important Provisions)

Module 05: Tribunals and Judicial Decisions

1. International Military Tribunal at Nuremberg
2. International Military Tribunal for the Far East (Tokyo)
3. International Criminal Tribunal for the Former Yugoslavia (ICTY)
4. International Criminal Tribunal for Rwanda (ICTR)
5. Special Court for Sierra Leone

Module 06: 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

Module 07: 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

Module 08: Human Rights and Refugees: an overview

A) 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
B) 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
5. The Refugee and Asylum Bill, 2019

Any other information

1. The topics, cases and suggested readings given above are not exhaustive.
2. Teachers of the Course shall be at liberty to add the case/suggested readings.
3. Students are required to study/refer to the legislation as amended from time to time and consult the latest editions of books on this course.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

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