This course has the primary objective of fostering a general knowledge of international law as it relates to armed conflict. This body of law includes two distinct areas of international law: international law and the use of armed force; and international humanitarian law. The course will introduce students to the basic principles and legal concepts relating to the use of armed force and the conduct of warfare. It will also enable students to discuss contemporary legal issues that have arisen in these areas in light of the basic principles and concepts.  

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Recognise, explain, analyse and apply the principles, rules and legal concepts relating to the use of armed force and the conduct of warfare;
2. Describe, summarise and theorise contemporary debates in the development of state practice and jurisprudence in the area of international law and the use of armed force and international humanitarian law;
3. Describe, distinguish and debate specific in-depth international law issues arising from the decision-making and conduct of armed conflict.

Research-Led Teaching

This course will be examine the latest trends in the law of armed conflict, particularly in terms of non-international armed conflicts, terrorism and emerging weapons and capabilities. Associate Professor Drew is a leading international authority on issues dealing with use of force and maritime security. https://lawschool.anu.edu.au/people/phillip-drew

Required Resources

Geoffrey Corn et. al. The Law in War: A Concise Overview (Routledge, 2018)

Students will be provided with PDF copies of additional required reading materials

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	26 Feb 20 Introduction / History of IHL/LOAC / Main Sources/ Jus ad Bellum
2	28 Feb 20 General Principles of IHL Commencement and end of application of IHL / Occupation
3	4 Mar 20 Conflict Classification Status of Persons Quiz
4	6 Mar 20 Detention Sick Wounded and Shipwrecked
5	11 Mar 20 Role of the ICRC Seminar Quiz
6	13 Mar 20 Means and Methods of Warfare Terrorism
7	18 Mar Targeting Seminar Quiz
8	20 Mar 20 Targeting continued IHL and IHRL
9	25 Mar 20 IHL and IHRL Issue Analysis Exercise (In-class assessment)
10	27 Mar 20 International Criminal Law Quiz
11	1 Apr 20 Emerging trends and issues, Course review
12	3 April 20 In-class test

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In Class Quizzes	20 %	*	*	1,2
Final Test (In Class)	30 %	24/04/2020	22/05/2020	1,2,3
Research Paper	50 %	01/05/2020	12/06/2020	1,2,3

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

This is a course in reading, thinking and arguing. Effective participation in this course requires approximately 12 hours of reading each week. In order to take better advantage of the discussion which will occur in lectures and tutorials, you should read the required readings prior to attending class. In addition, you should seek to read as much as you can of the recommended readings for the classes. Students seeking some background to the topics and readings may also find it useful to read relevant parts of the general legal theory texts listed below.  

Students are expected to prepare for both lectures and seminars and to engage critically in the discussion that takes place there. It is, in part, by means of such engagement and the feedback you get from that that you will be able to evaluate and enhance the quality of your learning of the course content and skills.  

To further enhance your learning in this course you may also find it useful to regularly access the course WATTLE site and participate in the online discussion there.

Assessment Task 1

In Class Quizzes

Details of Task:  Four in-class quizzes will be conducted using Wattle. They will cover assigned readings, and materials covered in-class. Students who do not have access to computers should consult with the lecturer as soon as possible so that alternative methods can be arranged. Quizzes will consist of multiple choice, fill in the blank and short answer questions. 

Nature of task: Non-submission of quizzes will result in a 0 for each non-completed quiz.

Timing: Classes 3, 5, 7, 10

Duration: 10 minutes. 

Due date: At the end of each class. Submissions after the due date will not be accepted.

Permitted Materials: The quizzes are open book. The use of mobile phones during the quizzes is strictly prohibited. 

Weighting: 5% each for a total of 20% 

Assessment Criteria: Students will demonstrate their ability to understand set questions and answer them correctly.

Estimated return date: Ongoing. Marks will be posted on Wattle.

Assessment Task 2

Final Test (In Class)

Details of Task: This test will be conducted in class. It will cover all assigned readings and lectures from 26 February through to 22 April. The test will consist of multiple choice, fill in the blank and short essay answers. 

Nature of task: Compulsory. Non-submission of this task will result in a 0 for this assessment task.

Timing: The test will be conducted during regular class time on Friday 24 April. The test will begin at the commencement of the class. 

Released: Friday 24 April (Wattle)

Due: Friday 24 April (Wattle). Submissions after the due date will not be accepted.

Duration: 100 Minutes. 25 Minutes reading, 75 minutes writing.

Permitted Materials: Open book. 

Weighting: 30%

Estimated return date: 22 May 2020

Assessment criteria: This test will assess the student’s ability to understand, assess and analyse issues in International Humanitarian Law. See rubric below.

Assessment Task 3

Research Paper

Details of Task: Research and write an essay on one question from the list of questions set by the course convenor. Questions will cover all assigned readings, lectures and in-class discussions from 26 February through 22 April.

Nature of task: Compulsory. Failure to submit the essay will result in a mark of 0 for the assessment item.

Weighting: 50%

Release: The list of topics/questions will be released via Wattle on 6 March.

Due date: Friday 1 May 2020 at 1700hrs. Essays are to be submitted via the course WATTLE site using Turnitin. Late submissions (without an extension) will be permitted, although late penalties will apply.

Word limit: 2000 words.

Other requirements: Font - Times New Roman size 11; spacing - 1.5 Footnoting is to be done using the OSCOLA style guide.DO NOT include a bibliography

Estimated return date: By Friday 12 June 2020 via Turnitin.

Assessment Criteria:  This task will assess student abilities to research, analyse and write on contemporary issues of international humanitarian law

Rubric

	Not Satisfactory	Pass	Credit	Distinction	High Distinction
1.Understanding and discussion of relevant law	Omits discussion of relevant law.	Adequate description of relevant law.	Very good analysis of relevant law. Few gaps or omissions.	Excellent analysis and application of all relevant law on all issues.	Sophisticated reflections on relevant law and original application on all issues.
2.Argument and response to question	The question was not addressed; descriptive response to the task. Response on issues not relevant to the question.	Shows a limited understanding of the question. Provides limited argument and tends to be substantially descriptive using the material to address the question.	Contains an introduction and conclusion that addresses and resolves some aspects of the question. Intervening paragraphs provide some evidence and support for an argument that is consistent with the conclusion.	Contains an introduction and conclusion that addresses and resolves most aspects of the question. Intervening paragraphs mostly provide evidence and support for an argument. Argument is mostly consistent with the conclusion.	Contains an introduction and conclusion that directly addresses and resolves all aspects of the question. Intervening paragraphs provide evidence and support for a clearly focussed argument that is entirely consistent with the conclusion.
3.Critical evaluation of material	No evidence of awareness of critical evaluation of material.	Limited critical evaluation of material. Consideration of multiple perspectives on one issue.	Some critical evaluation and consideration of multiple perspectives on more than one issue.	Critical evaluation of most material presented. Consideration and resolution of multiple perspectives on most contentious issues.	Critical evaluation of all material presented. Consideration and resolution of multiple perspectives on all contentious issues.
4. Creativity and originality of approach	No creativity in response to task.	Limited evidence of creativity in response and approach to task.	Uses some creativity in approach and response to task.	Original and creative approach and response to task.	Highly original and creative response to task.
5. Research of primary legal (case law and legislation) and scholarly secondary sources.    (a) Primary legal materials (legislation, case law, international instruments if relevant)   (b) Scholarly secondary materials (journals, monographs etc)	No evidence of research; reliance on class materials, and/or, reliance on non-scholarly secondary sources.   (a) No primary legal materials referred to.       (b) No scholarly secondary materials referred to.	Evidence of some systematic or effective scholarly research; research with significant flaws, errors, gaps in sources.   (a) Primary legal materials that are marginally relevant or generally relevant.   (b) Scholarly secondary materials that are marginally relevant or generally relevant	Evidence of very good systematic research including some depth and breadth of primary legal and scholarly secondary sources.   (a) Some specifically relevant primary legal materials.     (b) Some specifically relevant scholarly secondary materials.	Substantial depth and breadth in research inclu ding most relevant primary legal and scholarly secondary sources.   (a) Most relevant primary legal materials       (b) Most expected relevant scholarly secondary materials.	Extensive and comprehensive range of primary legal and scholarly secondary sources.     (a) All relevant primary legal materials.       (b) All expected and relevant scholarly secondary materials.
6.Referencing and compliance with OSCOLA.	Footnotes absent or consistently non-compliant with OSCOLA.	Insufficient footnotes and/or many footnotes non-compliant with OSCOLA	Footnotes sometimes compliant with OSCOLA but also repeated errors.	Footnotes mostly compliant with OSCOLA. Minor errors.	Footnotes compliant with OSCOLA. No errors detected.
7. Effective use of words and word limit to address key issues	Insufficient length or significantly over-length.	Within word limit but disproportionate     allocation of words to unimportant issues. Long-winded or excessively wordy.	Allocation of words broadly consistent with importance of issues. Reasonably concise language.	Effective use of words within the word limit according to importance of issues.	Efficient, economical and discerning use of words within the word limit to provide emphasis consistent with structure and argument.
8.Expression and written communication including use of legal terminology, spelling etc.	Expression contains many errors; confused and unclear in many places. Main ideas not communicated or poorly communicated.	Expression adequately communicates author’s main ideas. A few significant grammatical errors and/or errors with legal terminology.	Very good expression clearly communicating most of the author’s ideas. No significant errors but occasional minor errors or lack of clarity.	Excellent expression clearly communicating all of the author’s ideas. Rare errors or lack of clarity.	Polished and/or stylish written expression and communication of ideas throughout the paper.
9. Structure including logical development of content/material.	Logical organisation and development of ideas not evident.	Some organisation and development of ideas.	Evidence of logical organisation of thoughts and development of most ideas.	Well developed and effective structure.	Skillful development of ideas in a sophisticated and effective structure.
10.Effective use of headings	Headings absent.	Limited headings. Headings not useful.	Some useful headings	Many useful headings.	All headings used to enhance a clear structure.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to use Wattle for some of the assessments, including in-class quizzes and take home tests. Please ensure that you can sign into the course Wattle page before the first class of the term.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students