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 of 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:
By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements will be able to:- Demonstrate an advanced knowledge and understanding of the contemporary international legal issues arising from the concurrent application of international humanitarian law and international human rights law in armed conflict and post-conflict situations;
- Explain and critically analyse 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;
- Explain and critically analyse 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;
- Demonstrate an ability to make an effective and insightful contribution to class discussion, debate and analysis of seminar topics; and
- Plan and execute superior legal research, analytical, and writing skills in order to produce original scholarship.
Other Information
This is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
Indicative Assessment
Assessment is likely to consist of:- Seminar Presentation (20%, 1,500 words);
- Major Research Paper (80%, 5,000 words)
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
26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Prescribed Texts
There is no prescribed text.
Preliminary Reading
The following books are recommended, but not prescribed.- Robert Kolb and Gloria Gaggioli (eds), Research Handbook on Human Rights and Humanitarian Law (Edward Elgar, 2013)
- R Arnold and N Quénivet (eds), International Humanitarian Law and Human Rights Law (Martinus Nijhoff, 2008)
- Ben-Naftali (ed), International Humanitarian Law and International Human Rights Law (Oxford University Press, 2011)
- L Doswald-Beck, Human Rights in Times of Conflict and Terrorism (Oxford University Press, 2011)
- C Finkelstein, JD Ohlin, A Altman (eds), Targeted killings - Law and morality in an asymmetrical world (Oxford University Press, 2012)
- FF Martin, SJ Schnably, RJ Wilson, JS Simon and MV Tushnet (eds), International Human Rights and Humanitarian Law - Treaties, Cases, and Analysis (Cambridge University Press, 2006)
- R Provost, International Human Rights and Humanitarian Law (Cambridge University Press, 2002);
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.
An e-brick will be available on the Wattle course site.
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.
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 |
|---|---|
| 2018 | $3660 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $5160 |
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.
