This course explores the intersection of two overlapping areas of international law: international humanitarian law and international human rights law.
The concurrent application of these areas of international law has increasingly raised difficult questions and issues in the post September 11 security environment at national, regional and global levels. This course will offer an opportunity for students to explore and deepen their understanding of these questions and issues from an international legal perspective and in the broader context of debates about the coherence and fragmentation of the international legal system.
The post-Cold War period has not seen a reduction internal armed conflicts and the post September 11 security environment has sharpened legal controversies regarding the overlapping operation of international humanitarian law and international human rights law. These controversies have included whether international humanitarian law or human rights law standards appropriately apply to counter-terrorism measures and controversies regarding the extraterritorial application of human rights treaties to armed conflict situations and the human rights obligations of occupying powers, for example, in Iraq following the 2003 invasion.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
Through this course, students will develop advanced specialised knowledge of international law as applicable to conflict and post-conflict situations. To that end, a participant who has successfully completed this course will:
1) Have developed an advanced knowledge and understanding of the contemporary international legal issues relating to the concurrent application of international humanitarian law and international human rights law in a security context;
2) Have developed a deeper appreciation of the interaction of relevant rules and principles of international humanitarian law, especially those found in the Geneva Conventions and the Additional Protocols, with relevant rules and principles of international human rights law, especially those found in the International Covenant on Civil and Political Rights and other global human rights treaties and regional instruments such as the European Convention on Human Rights;
3) Have developed a deeper appreciation of aspects of international law, international humanitarian law, and international human rights law as they apply to counter-terrorism measures, during military operations and to occupied territories;
4) Be able to make an effective and insightful contribution to class discussion, debate and analysis of seminar topics; and
5) Be able to demonstrate superior research, analytical, and writing skills by completion of a major research paper.
Indicative Assessment
1. Seminar Presentation 25%
2. Class Contribution 10%
3. Major Independent Research Paper 65% (5000 wds)
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Intensive mode (4 days)
Students are also expected to spend approximately 10-12 hours a week for 4 weeks prior to the commencement of the course for preparation and as much time as they need in order to satisfactorily complete assignments after the course.
Intensive Dates 2014: 10-11 & 13-14 October
Requisite and Incompatibility
Prescribed Texts
There is no prescribed text. A reading list will be distributed to the students a few weeks prior to the commencement of the course.
Preliminary Reading
A Course outline will be available approximately 4-6 weeks from the commencement of the course.
Assumed Knowledge
The course will be taught on the basis that students will have a general understanding of international human rights law and international humanitarian law.
Students must have completed LAWS8182 Principles of International Law and either LAWS8268 International Humanitarian Law or LAWS8234 International Human Rights Law.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2015 | $2958 |
- International fee paying students
| Year | Fee |
|---|---|
| 2015 | $4146 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Winter Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 1702 | 03 Sep 2015 | 03 Sep 2015 | 18 Sep 2015 | 20 Oct 2015 | In Person | N/A |
