International Security Law

Course content

Security has become a dominant theme for Denmark and its European partners since Russia’s full-scale invasion of Ukraine and Donald Trump’s return to the White House. Europe faces a new geopolitical reality, caught between an expansionist Russia and an American ally that is increasingly unpredictable and unreliable, which heightens the risk of large-scale warfare on the continent. In addition, European states operate in an environment that is constantly evolving, where simmering conflicts may unfold in a grey zone between war and peace. These include drone incursions, cyber attacks, disinformation campaigns, and sabotage against underwater cables and other critical infrastructure on land or in outer space. States must also address irregular migration flows, sometimes weaponised by hostile neighbours, and secure free navigational routes threatened by piracy. At the same time, Europe will continue to contribute to international stability operations overseas to protect its peripheries from threats posed by violent non-state actors. Managing this complex set of security challenges requires not only operational capacity but also strong legal preparedness and resilience.
The primary aim of this course is to equip students with research‑based insights into the various areas of international law that regulate how states address contemporary security challenges. Rather than treating these areas in isolation, the course adopts a holistic perspective. It begins by examining the key actors and institutions involved, before turning to the relevant legal regimes with particular emphasis on how their rules apply and interact in practice, e.g. the relationship between the law of the sea, human rights law, and the UN Charter. This complex legal framework is subsequently applied across different security domains.

The course is structured around the following themes:

1. Key Actors an& Institutions
- States
- Intergovernmental organisations (e.g. UN, NATO, EU, CoE)
- International courts and quasi-judicial bodies (e.g. ICJ, ITLOS, ICC, ECtHR, HRC)
- ICRC and civil society
- Other non-state actors

2. Relevant Legal Regimes and Interplay
- UN Charter
- International humanitarian law (IHL)
- Human rights law, including extraterritorial scope and derogations during emergencies
- Other specialised fields of international law (e.g. law of the sea and space law)
- Attribution and third-party obligations, including the law of neutrality
- Interplay between different regimes, including conflict rules and systemic interpretation

3. Territorial Defence, Hybrid Threats and Stability Operations
- Regulation on the inter-state use of force
- Rules governing hybrid threats, including the principle of sovereignty and non-intervention
- UN mandates, military cooperations and mutual defence arrangements
- Conflict classifications

4. Maritime Security
- Counter-piracy and counter-narcotics operations
- Protection of underwater cables and pipelines
- Addressing illegal migration
- Blockades and the continued relevance of the law of naval warfare

5. Security in Outer Space
- Militarisation and weaponisation of outer space
- Space warfare and dual-use space systems
- Other harmful activities
- Risks posed by space debris

6. Intelligence and Cyber Operations
- Espionage in peacetime and armed conflict
- Human rights in cyberspace
- Cyberwarfare, including data as object
- Lawful responses, e.g. countermeasures and necessity

7. Weapons Regulation
- Prohibited means of warfare and regulation of law-enforcement weapons
- Comprehensive arms control regimes, e.g. chemical weapons, anti-personnel mines
- Regulation of lethal autonomous weapons systems
- Restrictions on arms transfers, e.g. under the Arms Trade Treaty and other regimes

8. Handling of Detainees
- Arrests and criminal detention
- Legality of security detention in peacetime and armed conflict
- Procedural guarantees for security detainees
- Non-refoulement and detainee transfers

The course is particularly aimed at law students who envisage careers in the security sector and related fields, including the armed forces, intelligence services, law enforcement, civil defence, relevant ministries, intergovernmental organisations (such as NATO, EU and UN), national and international courts, civil society organisations and the private sector.
 

Learning outcome

Knowledge:

  • Explain the role of states and different actors in international law regulation and adjudication in relation to security challenges
  • Explain the legal consequences of security cooperation between different states and other actors
  • Describe the nature of the relevant legal regimes and explain the content of their specific rules
  • Explain how they apply across different security domains (e.g. maritime, outer space, cyber)
  • Describe how rules from different legal regimes interact in practice and explain the specific implications of this interplay

 

Skills:

  • Navigate and critically analyse the complex international legal framework, governing peacetime, crises and war
  • Identify the relevant legal rules for addressing a specific security challenge when presented with a scenario
  • Assess the legality of state actions in response to specific security challenges across different domains
  • Distinguish genuine legal arguments from policy or operational considerations
  • Identify possible gaps in regulating contemporary security threats

 

Competences:

  • Navigate a complex set of legal sources (e.g. treaties, state positions, case-law, expert manuals, commentaries, journal articles and law blogposts) to ascertain the relevant lex lata
  • Formulate sound legal solutions and courses of action, and communicate them to different audiences
  • Apply the acquired knowledge and skills to different threat scenarios and entirely new security domains
  • Critically reflect on the adequacy, coherence, and resilience of existing legal frameworks in light of current threats and evolving geopolitical developments
  • Communicate own research findings in writing in a coherent and academically rigorous manner

 

The suggested syllabus brings together a well-balanced selection of materials, including treaties, state positions, case law, expert manuals, extracts from commentaries and textbooks, journal articles, and law blog posts. The readings listed below amount to 739 pages.

1. Key Actors and Institutions [32 pages]
- Astrid Kjeldgaard-Pedersen, “International Legal Personality as a Theoretical Construct” in The International Legal Personality of the Individual (OUP 2018), p. 14-46 [32 pages]

2. Relevant Legal Regimes and Interplay [137 pages]
- Charter of the United Nations (1945), Chapters I-VII and XVI, https://www.un.org/en/about-us/un-charter/full-text [14 pages]
- Marco Sassoli, International Humanitarian Law (2nd ed., Elgar 2024), Chapter 6, p. 186-226 [40 pages]
- European Convention on Human Rights (1950), Arts. 1-18 [10 pages]
- International Covenant on Civil and Political Rights (1966), Arts. 1-27 [10 pages]
- ECtHR, Ukraine and the Netherlands v. Russia, Judgment, 9 July 2025, Applications nos. 8019/16, 43800/14, 28525/20 and 11055/22, paras. 340-65 and 425-30 [12 pages]
- ECtHR, Nasser and others v. Denmark, Judgment, 21 October 2025, Application no. 46571/22, paras. 90-109 [6 pages]
- Cornelius Wiesener and Astrid Kjeldgaard-Pedersen, State Responsibility for the Misconduct of Partners in International Military Operations (DJØF Forlag 2021), p. 29-55, https://static-curis.ku.dk/portal/files/279216722/ebook_State_Responsibility_for_the_Misconduct_of_Partners_in_International_Military_Operations.pdf [26 pages]
- Wolff Heintschel von Heinegg, ‘Neutrality in the War against Ukraine’, 1 March 2022, Articles of War, https://lieber.westpoint.edu/neutrality-in-the-war-against-ukraine/ [4 pages]
- Luca Pasquet, ‘De-Fragmentation Techniques’, Max Planck Encyclopedia of International Procedural Law (2018), https://opil.ouplaw.com/display/10.1093/law-mpeipro/e3556.013.3556/law-mpeipro-e3556 [15 pages]

3. Territorial Defence, Hybrid Threats and Stability Operations [102 pages]
- Terry Gill, ‘Legal Basis of the Right of Self-Defence under the UN Charter and under Customary International Law’, in: Terry Gill and Dieter Fleck (eds), The Handbook of the International Law of Military Operations (2nd ed., OUP 2015), p. 113-124 [11 pages]
- Bruno Simma and others, The Charter of the United Nations. A Commentary (4th ed, OUP 2024), Vol. I, Art. 2 (4), p. 289-326 [16 pages]
- NATO Treaty (1949), https://www.nato.int/en/about-us/official-texts-and-resources/official-texts/1949/04/04/the-north-atlantic-treaty [4 pages]
- Terry Gill, ‘Military Intervention with the Consent or at the Invitation of a Government’, in: Terry Gill and Dieter Fleck (eds), The Handbook of the International Law of Military Operations (2nd ed., OUP 2015), p. 252-58 [6 pages]
- Defence Agreement between Denmark and US (2023), Arts. 1-8, 12, 15 and 30, https://www.fmn.dk/globalassets/fmn/dokumenter/nyheder/2023/-us-denmark-dca-den-prime-english-20dec2023-.pdf [13 pages]
- Helen Keller, ‘Friendly Relations Declaration (1970)’, Max Planck Encyclopedia of Public International Law (2021), https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e938?prd=MPIL [12 pages]
- Aurel Sari, ‘Metaphors, Rules and War: Making Sense of Hybrid Threats and Grey Zone Conflict’, 31 January 2025, EJIL Talk, https://www.ejiltalk.org/metaphors-rules-and-war-making-sense-of-hybrid-threats-and-grey-zone-conflict/ [5 pages]
- Terry Gill, ‘Legal Characterization and Basis for Enforcement Operations and Peace Enforcement Operations under the Charter’, in: Terry Gill and Dieter Fleck (eds), The Handbook of the International Law of Military Operations (2nd ed., OUP 2015), p. 95-109 [14 pages]

4. Maritime Security [109 pages]
- Douglas Guilfoyle, ‘The Use of Force Against Pirates’, in: Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law (OUP 2015), p.1057-76 [19 pages]
- Michael Schmitt, Marko Milanovic and Ryan Goodman, ‘The International Law Obligation of States to Stop Intelligence Support for U.S. Boat Strikes’, 19 November 2025, Justsecurity, https://www.justsecurity.org/124762/caribbean-strikes-intelligence-sharing [8 pages]
- Jacques Hartmann and Alexander Lott, ‘The Prosecution ‘Gap’ for Attacks on Subsea Cables and Pipelines’, 13 November 2025, EJIL Talk, www.ejiltalk.org/the-prosecution-gap-for-attacks-on-subsea-cables-and-pipelines [5 pages]
- Graham Butler and Martin Ratcovich, ‘Operation Sophia in Uncharted Waters: European and International Law Challenges for the EU Naval Mission in the Mediterranean Sea’, 85 (3) Nordic Journal of International Law (2016), p. 235-259 [24 pages]
- Marco Sassoli, International Humanitarian Law (2nd ed., Elgar 2024), Chapter 8.8, p. 430-46 [16 pages]
- Andrew Clapham, War (OUP 2021), Chapters 8.6-8.7, p. 357-90 [33 pages]
- Wolff Heintschel von Heinegg, ‘The Ukrainian Attacks Against Gambian-Flagged Oil Tankers in the Black Sea’, 8 December 2025, Articles of War, https://lieber.westpoint.edu/ukrainian-attacks-against-gambian-flagged-oil-tankers-black-sea/ [4 pages]

5. Security in Outer Space [65 pages]
- Outer Space Treaty (1966), https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html [7 pages]
- Almudena Azcárate Ortega, ‘Not a Rose by Any Other Name: Dual-Use and Dual-Purpose Space Systems’, 5 June 2023, Lawfare, https://www.lawfaremedia.org/article/not-a-rose-by-any-other-name-dual-use-and-dual-purpose-space-systems [9 pages]
- Hjalte Osborn Frandsen, Governing Outer Space. Legal Issues Mounting at the Final Frontier (Danish Institute for International Studies 2023), https://pure.diis.dk/ws/portalfiles/portal/16421071/DIIS_PB_Governing_Outer_Space_WEB.pdf [5 pages]
- Extract of black letter rules: The McGill Manual on International Law Applicable to Military Uses of Outer Space, https://www.mcgill.ca/milamos/ [20 pages]
- Extract of black letter rules: The Woomera Manual on the International Law of Military Space Operations (OUP 2024) [12 pages]
- Marco Sassoli, International Humanitarian Law (2nd ed., Elgar 2024), Chapter 10.17, p. 690-702 [12 pages]

6. Intelligence and Cyber Operations [90 pages]
- Marko Milanovic, ‘Surveillance and Cyber Operations’, in: Marc Gibney and others (eds), The Routledge Handbook on Extraterritorial Human Rights Obligations (Routledge 2021), 366-376 [10 pages]
- Extract of black letter rules: Tallinn Manual on the International Law Applicable to Cyber Operations (CUP 2017) [12 pages]
- Marc Schack and Katrine Lund-Hansen, ‘Attacking Data: Moving beyond the Interpretative Quagmire of the “Data as an Object” Debate’, 92 (3) Nordic Journal of International Law (2023), 349-370 [21 pages]
- Marc Schack, ‘Collective Countermeasures Upon Request: Renewing the Debate in View of the Rise of Cyberthreats’, 41 (2) Berkeley Journal of International Law (2023), 297-344 [47 pages].


7. Weapons Regulation [89 pages]
- Andrew Clapham, War (OUP 2021), Chapter 7.5, p. 317-22 [5 pages]
- Marco Sassoli, International Humanitarian Law (2nd ed., Elgar 2024), Chapter 8.7, p. 409-27 [18 pages]
- Stuart Casey-Maslen, The Anti-Personnel Mine Ban Convention. A Commentary (3rd ed., OUP 2023), p. 49-78 [29 pages]
- Inna Zavorotko and Oleksii Plotnikov, Tentative Remarks on Ukraine’s Suspension of the Ottawa Convention, 8 October 2025, Articles of War, https://lieber.westpoint.edu/tentative-remarks-ukraines-suspension-ottawa-convention/ [6 pages]
- Extract of Art. 21: Convention on Cluster Munitions (2008), https://treaties.unoda.org/t/cluster_munitions [1 page]
- Report of the 2023 session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems, https://docs-library.unoda.org/Convention_on_Certain_Conventional_Weapons_-Group_of_Governmental_Experts_on_Lethal_Autonomous_Weapons_Systems_(2023)/CCW-GGE.1-2023-2_English.pdf [6 pages]
- Marco Sassoli, International Humanitarian Law (2nd ed., Elgar 2024), Chapters 10.4 and 10.5, p. 557-576 [19 pages]
- Jacques Hartmann, Lea Köhne and Vincent Widdig , ‘Arms Exports and Access to Justice: Enforcing International Law through Domestic Courts’, 25 October 2024, EJIL Talk, https://www.ejiltalk.org/arms-exports-and-access-to-justice-enforcing-international-law-through-domestic-courts/ [5 pages]

8. Handling of Detainees [115 pages]
- UN Human Rights Committee, General Comment 35: Article 9, Liberty and security of person, 31 October 2014, CCPR/C/GC/35, https://www.ohchr.org/en/calls-for-input/general-comment-no-35-article-9-liberty-and-security-person [20 pages]
- Cornelius Wiesener, Security Detention in Military Operations (DJØF Forlag 2022), p. 23-68, https://static-curis.ku.dk/portal/files/335784595/Report_security_detention.pdf [45 pages]
- Cornelius Wiesener, Non-Refoulement in Military Operations: Detainee Transfers, Risk Assessments and Monitoring (DJØF Forlag 2023), p. 24-74, https://static-curis.ku.dk/portal/files/376288399/Report_non_refoulement_in_military_operations.pdf, [50 pages]

Students are expected to possess a foundational understanding of international law and demon-strate a good command of English, both written and spoken.

Written
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
Peer feedback (Students give each other feedback)
ECTS
15 ECTS
Type of assessment
Oral exam on basis of previous submission, 20 minutes
Aid
All aids allowed
Marking scale
7-point grading scale
Censorship form
External censorship
Exam period

Information følger

Single subject courses (day)

  • Category
  • Hours
  • Preparation
  • 356,5
  • Seminar
  • 56
  • English
  • 412,5

Kursusinformation

Language
English
Course number
JJUA55332U
ECTS
15 ECTS
Programme level
Full Degree Master
Duration

1 semester

Placement
Spring
Schedulegroup
-
Studyboard
Law
Contracting department
  • Law
Contracting faculty
  • Faculty of Law
Course Coordinator
  • Cornelius Wiesener   (18-517d807c737a7783813c65777381737c73804e7883803c79833c7279)
Saved on the 30-04-2026

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