• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest International Relations, Law, Human Rights
  • Academic career PGRD
  • Mode of delivery In Person
  • Offered in Winter Session 2015
    See Future Offerings
Special Topics in International Security Law 3: Intersection of Humanitarian Law & Human Rights Law (LAWS8066)

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

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300SINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Diplomacy/Master of International Law (7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Practice (MLEGP), Master of Legal Studies (7305XMLEGS), and completed LAWS8182 Principles of International Law and LAWS8268 International Humanitarian Law. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and LAWS8268 International Humanitarian Law or LAWS8234 International Human Rights Law or LAWS4225 International Law of Human Rights. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed LAWS8586 Law and Legal Institutions and LAWS8182 Principles of International Law and LAWS8268 International Humanitarian Law. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed LAWS8586 Law and Legal Institutions and LAWS8182 Principles of International Law and LAWS8234 International Human Rights Law.

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
Domestic fee paying students
Year Fee
2015 $2958
International fee paying students
Year Fee
2015 $4146
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
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

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