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Whither War - Whither the Law of War

Gresham College via YouTube

Overview

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Explore the evolution and current challenges of international humanitarian law in this comprehensive lecture that examines whether legal frameworks can effectively prevent future wars. Trace the historical development of the laws of war from the Red Cross and Geneva Conventions through to modern international criminal justice, including the establishment of the International Criminal Court. Delve into pivotal moments such as the Armenian genocide, the Nuremberg trials, and Raphael Lemkin's coining of the term "genocide," understanding how these events shaped contemporary legal frameworks. Examine the practical challenges facing international justice today, including the reluctance of major powers to engage with the ICC, the difficulties in proving genocidal intent, and the political obstacles that prevent timely intervention. Analyze case studies from Rwanda, Myanmar, Gaza, and the Uyghur situation in China to understand how legal processes both succeed and fail in addressing mass atrocities. Learn about alternative approaches to justice, including people's tribunals and universal jurisdiction, and their role in documenting crimes and influencing policy when formal international courts cannot act. Consider the tension between state sovereignty and humanitarian intervention, and evaluate whether current legal mechanisms are sufficient to deter future conflicts. Gain insights from Professor Sir Geoffrey Nice KC's extensive experience prosecuting war crimes, including his leadership of the Slobodan Milošević case at the International Criminal Tribunal for the Former Yugoslavia, as he addresses fundamental questions about the effectiveness and future of humanitarian law in preventing warfare.

Syllabus

00:00 // Host intro: Sir Geoffrey Nice & tonight’s topic
04:30 // Setting the agenda — law, war & a “miscellany”
06:14 // Birth of IHL: Red Cross, Geneva & Hague Conventions
07:51 // The Armenian genocide: what happened & why it matters
10:14 // Morgenthau vs. Lansing: sovereignty over lives
12:10 // How “sovereignty” enabled inaction in WWI
13:20 // Tehlirian’s Berlin trial — justice & its ripple effect
13:38 // Lemkin’s spark: from philology to “genocide”
14:52 // Coining “genocide” & the Nuremberg gap
16:21 // Justice Jackson’s stance: atrocities tied to aggressive war
19:59 // From Nuremberg to the Genocide Convention: a duty to act
20:44 // Ad hoc tribunals to the ICC 2002
22:11 // Big powers & the ICC: Trump’s 2018 rejection
26:03 // What the Genocide Convention actually requires prevent & punish now
29:06 // No judge needed first — why delay kills
30:20 // Rwanda 1994: avoiding the “G-word”
33:06 // UK export case & the “no intent found” problem
36:00 // Reasons for hope: convictions & legal innovations Lubanga, Ongwen, Myanmar
38:16 // A missed chance: ICC probe on Israel–Gaza 2014–21
43:09 // People’s tribunals: Iran Tribunal lessons
47:19 // China Tribunal → Uyghur Tribunal: findings & one form of genocide
53:27 // How civil findings drive real-world change
55:10 // Will humanitarian law endure?
59:03 // Ben Ferencz & the takeaway: “Never give up”

Taught by

Gresham College

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