ESDC COURSE ON INTERNATIONAL LAW FOR MILITARY LEGAL ...

1. Introduction 

2. Aims 

ESDC COURSE ON 

INTERNATIONAL LAW 

FOR MILITARY LEGAL ADVISERS 

2011 - 2012 

The Austrian Federal Ministry of Defence (MoD) is organizing the “6 th Vienna Course 

on International Law for Military Legal Advisers” in 2011 - 2012. This course is 

provided under the auspices of the European Security and Defence College (ESDC) 

with the aim to contribute to the establishment of a common European Security 

Culture. 

• To convey core knowledge about the legal problems involved in international crisismanagement 

operations/peace support operations (CMO’s/PSO’s) by military and 

security forces and the relevance of international law to such operations 

• To ensure thorough and detailed knowledge of the core principles and rules of 

international humanitarian law, operational law and human rights law applicable in 

situations of armed conflict and internal violence, as well as in CMO’s/PSO’s 

• To practice the application of the law in the planning and execution of CMO’s/PSO’s 

• To facilitate co-operation between military commanders and legal advisers 

3. Objectives 

• To improve the participants’ substantive legal knowledge in the relevant fields of 

international law 

• To advance the participants’ practical skills in, e.g., presentation and drafting 

exercises 

• To develop the participants’ ability to adapt and react to a changing scenario that 

evolves “in real time” 

• To test the participants’ ability to apply legal knowledge to a factual (fictitious) 

scenario 

4. Structure and methodology 

The Course consists of three parts each of one week’s duration, to take place at 

intervals of several weeks. The three parts of the Course are as follows: 

• Part I: International Operational Law 

• Part II: International Humanitarian Law 

• Part III: Practical Simulation

Part I will cover the following topics, inter alia: 

• Legal basis and legitimacy of CMO’s/PSO’s in public international law 

• Actors in CMO’s/PSO’s, their legal status and role (including the EU and other 

international organisations as NATO etc.) 

• Status of Forces issues (including applicability of national/local law, claims and 

jurisdictional issues, etc.) 

• Use of force in CMO’s/PSO’s (including self-defence, mission accomplishment and 

ROE) 

• Relevant aspects of human rights law (sources, scope of application, substantive 

rights, derogations, etc.) and its applicability (with special reference to the European 

Convention on Human Rights) to CMO’s/PSO’s 

Part II will cover the following topics, inter alia: 

• Review of the law of armed conflict (sources, development, scope of application, etc.) 

• Basic principles and rules of IHL (methods and means of warfare, protection of 

persons and objects, detention, etc.) 

• Implementation and dissemination of IHL, including legal basis for and role of the 

ICRC 

• International criminal law (war crimes, command responsibility, international and 

national criminal courts and tribunals) 

The methodology of Parts I and II will consist of lectures supplemented by class work. 

The participants will be divided into working groups and each group will be required 

to give a presentation at the end of each day. The presentations will be commented on 

and discussed in daily plenary debriefings. Preparatory reading material will be sent to 

the selected participants. 

Part III will require participants to act as legal advisers in an evolving simulation. The 

(fictitious) scenario is envisaged as taking place in a country that has been troubled by 

internal violence for some considerable length of time. Although a peace agreement 

has been reached and a multinational force has been sent to the territory by the 

European Union, acting under a mandate from the United Nations Security Council, 

the situation escalates. 

5. Criteria for participation 

The Course is designed primarily for military lawyers and/or civilian legal advisers in 

the Armed Forces or the Ministry of Defence of Austria and other European States, 

dealing with legal issues related to international law and its application to operational 

issues, particularly those who are likely to be assigned to CMO’s/PSO’s as legal 

advisers. Participants are expected to have a good knowledge of public international 

law, in particular international humanitarian law. The number of participants will be 

limited to a maximum of thirty. Selection of Austrian participants is done in 

accordance with the criteria established by the Austrian MoD. To ensure a proper 

selection process of non-Austrian course participants in line with the course 

objectives, the selection will be done by the course organisers on the basis of the 

nominations. Past deployment(s) is a desirable requisite. Priority will be given to

military legal advisers who in the near future are likely to be assigned to 

CMO’s/PSO’s. 

The Course language will be English. Participants will be required to have a good 

understanding of the English language and to have the ability to express themselves 

clearly both verbally and in writing. 

Participants will be required to attend all three parts of the Course in order to be 

eligible for a certificate of attendance. 

6. Course materials 

English-language material for the Course, including all relevant treaty instruments in 

hard copy and/or CD-ROM, will be provided to all participants. A working library 

with selected reading materials on relevant aspects of International Law will also be 

available for the participants’ use. 

7. Dates and location 

Part I 21 to 25 November 2011; 

Part II 23 to 27 January 2012; and 

Part III 05 to 09 March 2012. 

All three Parts of the Course will take place in Austrian MoD facilities in Vienna. 

8. Costs, accommodation and subsistence 

The participation fee for the course is € 100,00 per week, thus € 300,00 for the entire 

course, expected to be paid before the beginning of the course, pending confirmation 

of participation. 

Participants as well as guest lecturers on the Course will be accommodated at the 

Austrian MoD facility Wohnheim Breitensee, Breitenseer Straße 102-104, 1140 Wien 

(at own expenses). The costs for a single room are approximately 21,00 EUR per 

night. Breakfast and lunch will also be available at own expenses. The costs for 

breakfast and lunch are approximately 6,00 EUR per day, excluding drinks. There is 

also a cafeteria available. Dinner is at own arrangement. 

9. Dress code 

Military participants are expected to wear uniform during working hours.

6 th VIENNA COURSE ON INTERNATIONAL LAW 

FOR MILITARY LEGAL ADVISERS, 2011 - 2012 

PART I – INTERNATIONAL OPERATIONAL LAW 

21– 25 November 2011 

Programme 

Monday 21 November – The legal basis of international military crisis management 

operations (CMO’s) 

0830-0845 Welcome and Introduction to the Course 

Dr. Thomas Desch (Federal Ministry of Defence and Sports, Austria) 

0845-0915 Introduction to the European Security and Defence College (ESDC) 

Mr Ernst Felberbauer (Federal Ministry of Defence and Sports, Austria) 

0915-0945 Lecture 1: International Operational Law: an introduction 

Dr. Thomas Desch 

0945-1000 Break 

1000-1100 Lecture 2: Legal basis for military operations on foreign territory; general 

aspects under Public International Law; Distinction between jus ad bellum 

and jus in bello 

Mr David Turns (Defence Academy of the United Kingdom) 

1100-1115 Break 

1115-1215 Lecture 3: Legal basis for military operations on foreign territory; general 

aspects under Public International Law (cont.) 

Mr David Turns 

1215-1315 Lunch break 

1315-1330 Briefing on legal working method and presentation format; Distribution of 

tasks for class work 


1330-1545 Class work 

1545-1630 Plenary presentations of conclusions from class work 

1700 Departure by bus 

Cultural event (sightseeing) 

1830 Welcome drink 

2100 Transfer by bus to Wohnheim Breitensee 

Tuesday 22 November – The actors in international military CMO’s 

0830-0930 Lecture 1: States as actors in international military CMO’s 

Dr. Thomas Desch 

0930-0945 Break 

0945-1045 Lecture 2: International organisations, in particular the UN, as actors in 

international military CMO’s 

draft version as of 22 June 2011

Mrs Ursula Hann (Federal Ministry of Defence and Sports, Austria) 

1045-1115 Break 

1115-1215 Lecture 3: International organisations, in particular the UN, as actors in 

international military CMO’s 

Mrs Ursula Hann 


1315-1400 Lecture 4: The role of humanitarian organisations in crisis situations 

Mrs Réka Varga (Pázmány Catholic University Budapest) (tbc) 

1400-1415 Distribution of tasks for class work 



Wednesday 23 November – Use of force in international military CMO’s 

0830-0930 Lecture 1: The EU as actor in international military CMO’s; the Common 

Security and Defence Policy under the Lisbon Treaty 

Dr Frederik Naert (Legal Adviser, EU Council Legal Service) (tbc) 

0930-0945 Break 

0945-1045 Lecture 2: Operation Plan (OPLAN) and Rules of Engagement (ROE); use of 

force issues at EU policy level 

Dr Frederik Naert 

1045-1115 Break 


force issues at force level 

Mrs Linda Murnane (International Criminal Tribunal for the Former 

Yugoslavia) (tbc) 



force issues at force level (cont.) 

Mrs Linda Murnane 




Thursday 24 November – Status of Forces Agreement (SOFA) issues 

0830-0930 Lecture 1: EU SOFA issues 

Dr Frederik Naert 

0930-0945 Break 

0945-1045 Lecture 2: NATO as actor in international military CMO’s; NATO SOFA 

issues 

Mr Baldwin De Vidts (former Legal Adviser, NATO HQ) (tbc) 

1045-1115 Break 

1115-1215 Lecture 3: Claims and other financial issues 

Mr Baldwin De Vidts 


1315-1400 Lecture 4: Jurisdiction issues 

Mr Baldwin De Vidts 

1400-1415 Distribution of tasks for class work




1800 start Course Dinner 


Friday 25 November – Human Rights law in international military operations 

0830-0930 Lecture 1: International & European Human Rights Law; a general overview 

Prof. Peter Rowe (University of Lancaster, UK) (tbc) 

0930-0945 Break 

0945-1045 Lecture 2: International & European Human Rights Law; extraterritorial 

application; ECHR practice 

Prof. Peter Rowe (University of Lancaster, UK) 

1045-1115 Break 

1115-1215 Lecture 3: International & European Human Rights Law; application in 

international CMOs; specific operational impact 

The Rev. Col. Nicholas Mercer (former Legal Adviser, British Army Legal 

Services) (tbc) 





By 1600 Close 

---------------------



PART II – INTERNATIONAL HUMANITARIAN LAW 

23 - 27 January 2012 

Programme 

Monday 23 January – Legal framework of International Humanitarian Law (IHL) 

0830-0930 Lecture 1: IHL as part of Public International Law; an introduction 


0930-0945 Break 

0945-1045 Lecture 2: IHL as part of Public International Law; an introduction (cont.) 


1045-1115 Break 

1115-1215 Lecture 3: Scope of application of IHL 


1215-1315 Lunch 

1315-1345 Lecture 4: Scope of application of IHL in Afghanistan: a case study 

ICRC speaker (tba) 




1700 start Film screening 

Tuesday 24 January – Protection of persons and objects in IHL 

0830-0930 Lecture 1: Personal status in IHL (combatants and non-combatants) 


0930-0945 Break 

0945-1045 Lecture 2: Protection of persons and objects 

Mrs Réka Varga (Pázmány Catholic University, Budapest) (tbc) 

1045-1115 Break 

1115-1215 Lecture 3: Protection of persons and objects (cont.) 

Mrs Réka Varga 

1215-1315 Lunch 

1315-1415 Lecture 4: The role of the International Committee of the Red Cross 

ICRC speaker (tba) 





Wednesday 25 January – Methods and means of warfare 

0830-0930 Lecture 1: The principle of distinction and direct participation in hostilities 

Ms Camilla Guldahl (Defence Command and Staff College, Norway) (tbc) 

0930-0945 Break 

0945-1045 Lecture 2: Proportionality, targeting and use of weapons 

Ms Camilla Guldahl 

1045-1115 Break 

1115-1215 Lecture 3: Proportionality, targeting and use of weapons (cont.) 

Ms Camilla Guldahl 

1215-1315 Lunch 




Thursday 26 January – Implementation and Enforcement of IHL 

0830-0930 Lecture 1: Implementation of IHL 

Mrs Réka Varga 

0930-0945 Break 

0945-1045 Lecture 2: Individual criminal responsibility for violations of IHL 


1045-1115 Break 

1115-1215 Lecture 3: Command responsibility 

Mr Nobuo Hayashi (Peace Research Institute, Oslo) (tbc) 

1215-1315 Lunch 

1315-1415 Lecture 4: Command responsibility 

Mr Nobuo Hayashi 





1800 Course Dinner (typical Viennese “Heurigen”) 


Friday 27 January – International and National Criminal Courts and Tribunals 

0830-0930 Lecture 1: International criminal courts and tribunals – an overview 

Dr Christine Byron (Cardiff University, UK) 

0930-0945 Break 

0945-1045 Lecture 2: The International Criminal Court (ICC): Jurisdiction and pending 

cases 

Dr Christine Byron (Cardiff University, UK) 

1045-1115 Break 

1115-1215 Lecture 3: Individual criminal responsibility and national jurisdiction: the 

Kunduz incident 

German MoD speaker [to be allocated] 

1215-1315 Lunch 

1315-1330 Distribution of tasks for class work



By 1600 Close 

---------------------

Monday, 05 March 2012 



PART III – EXTENDED PRACTICAL EXERCISE 

05 - 09 March 2012 

Programme 

0830-1015 Plenary: 

Introduction to Part III 


Legal Advisers in multinational HQs 

Col Dr. Michael Pesendorfer (Legal Adviser 7 th Infantry Brigade, Austrian 

Armed Forces) (tbc) 

Background Briefing and Instructions to Participants for Task 1 


1015-1030 Break 

1030-1215 Working Groups (all): Reading of Exercise documents; Preparation for Task 1 

1215-1220 Group Photo 


1320-1415 Working Groups (all): Preparation for Task 1 (cont.) 

1415-1430 Break 

1430-1500 Working Group 1: Task 1 (Jury 1) 

Working Group 2: Task 1 (Jury 2) 





1530-1545 Break 

1545-1630 Plenary: Debriefing on Task 1 

1700 Departure by bus to Museum of Military History 

1730 start Guided tour at the museum 

1830 Reception 

Tuesday, 06 March 2012 

0830-0845 Plenary: Background Briefing and Instructions to Participants for Task 2 

0845-1015 Working Groups (all): Preparation for Task 2 

1015-1030 Break 








1110-1130 Break 











1530-1545 Break 


Wednesday, 07 March 2012 



1015-1030 Break 







1110-1130 Break 











1530-1545 Break 


Thursday, 08 March 2012 



1015-1030 Break 




1050-1110 Working Group 1: Task 6 (Jury 2)



1110-1130 Break 











1530-1545 Break 


Friday, 09 March 2012 



1015-1030 Break 







1110-1130 Break 



1300-1400 Plenary: Final ceremony 

---------------------

6 th Vienna Course 

on 

“International Law for Military Legal Advisers” 2011 - 2012 

Part I: from 21 to 25 November 2011 

Part II: from 23 to 27 January 2012 

Part III: from 05 to 09 March 2012 

_____________________________________________________________________ 

APPLICATION to be sent NO LATER THAN 15 August 2011 

to the Austrian MOD via email: int.law@bmlvs.gv.at 

Last Name: ……………...……...…………... First Name: …………………………… 

Rank: .………………………………………. Nationality: …………………………… 

Sex: female male 

Function: ………………………………………………………………………………… 

Past deployment(s): ……………………………………………………………………… 

Perspective of future deployment: ……………………………………………………….. 

Mailing address: …………………………………………………....……...…………… 

.....................……………………………………………...................................………... 

Phone: …………………………………… Fax: ……………………………………... 

E-Mail: ………………………….........................................................……………….… 

Passport-No.: …………………………….. Place/Issue: ………………………...…… 

Date/Issue: ………………………...…… 

Means of Travel: Plane Train Car 

Estimated arrival in Vienna: Date: ……………….. Time: ………………. 

Flight/Train-No.: ………..….... 

Estimated departure from Vienna: Date: ………………… Time: ………………. 

Flight/Train-No.: ………..….... 

Signature: ……………………………… Date: ………………………..

ESDC COURSE ON INTERNATIONAL LAW FOR MILITARY LEGAL ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?