Anyone who thought that the end of the Cold War would bring about a period of global peace and stability has suffered a series of rude awakenings throughout the intervening period. There have been, and continue to be, wars between states, civil wars within states and terrorist outrages that have shaken the very foundations of the nation state. Modern conflict is characterised by new weapons, new technologies, new environments in which to fight and new kinds of participants in the hostilities. The emerging, increasingly fragmented and rapidly changing notion of conflict challenges, and is challenged by, a body of international law that seems to have difficulty in adapting to these new developments.

 

This course will tackle the most pressing and controversial contemporary issues by looking at the problems that are posed, by considering the legal arrangements that are currently in place and by assessing whether these arrangements are adequate. The topics have been selected to enable students to grapple with important matters of international concern that are currently challenging policy makers, jurists, academics and others at the highest levels. The aim is to introduce students to strategic level decision-making with all its complexities and ambiguities.

 

The course is structured into ten lectures, taking a distinct topic within each lecture. In the associated seminars, course members will work through practical problems in sub-groups thereafter presenting and discussing their proposed solutions in the plenary setting. Some background understanding of international law as it affects conflict would be a desirable advantage, but the course can and will be taught on the basis of no prior knowledge.

 

The intended learning outcomes include the ability to think, discuss and formulate solutions at the strategic level, an understanding of the challenges posed by conflict in all its forms, an appreciation of the interaction of not always consistent regimes of international law and a recognition of the issues that arise from emerging technologies and ways of pursuing conflict goals.

 

Students undertaking this course are unlikely to see the world in quite the same light as they did before doing so.

Learning Outcomes

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

1. Investigate and critically assess the changing approach to the conduct of hostilities and how it affects, and is affected by, international law.
2. Critically reflect on the implications of how technological developments are likely to contribute to changes in the way wars are fought and the legal arrangements that determine which of these technologies will, and will not, be legally acceptable.
3. Examine and assess the changing role of people in modern conflict and evaluate how the law impacts on such developments.
4. Review and reflect upon contemporary approaches to targeting law and assess the implications of these for adherence to, and the viability of, the principle of distinction.
5. Explore and analyse how the developing media and the law impose constraints on the ability of Commanders to operate effectively in the modern battlespace.
6. Research and evaluate contemporary issues through critical analysis and develop proposed solutions via law and policy.

Required Resources

William H Boothby, Conflict Law: The Influence Of New Weapons Technology, Human Rights And Emerging Actors (T.M.C. Asser Press, 2014)

Recommended Resources

A list of additional materials will be available on Wattle to provide students with a list of texts from which to choose their own preferred additional reading and to assist with research.

Staff Feedback

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

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

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

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

Extenuating Circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

Distribution of Grades Policy: 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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is a semi-intensive course that will be delivered from 3pm to 9pm Canberra Time on 18, 19, 20, 22 and 23 September 2023. The course is divided into a series of twelve lectures each lasting approximately one hour interspersed with ten associated seminars. The topics to be covered are as follows. The spectrum of conflict and the bodies of law that apply to international and non-international armed conflicts. The law applicable to lesser conflicts. Legal challenges posed by automated, autonomous and cyber technologies in warfare. The principles and rules of weapons law and how they apply to emerging weapons.
2	How law applies to emerging methods of warfare. The notions of combatants and of civilians. The evolving roles of people in armed conflict and the legal implications. The notion of direct participation of civilians in armed conflict and the legal implications.
3	Detention operations and the applicable rules of international law and some important cases. The inter-relationship between law of armed conflict and human rights law. How human rights law applies in connection with armed conflict – what the international courts and tribunals have decided. Targeting of money and resources in recent conflicts – interpreting the relevant rules of international law.
4	International legal manuals – how they are produced, what their legal significance is and whether they are a useful part of the international law architecture. The role of commanders in warfare and the effect of legal proceedings and modern media coverage.
5	Notions of hybrid warfare, non-kinetic operations and how the law applies. Legal challenges in the armed conflict law context out to 2040. Legal issues arising from recent conflicts. Outstanding questions. Essay topics and submission arrangements. Feedback on the course.

Tutorial Registration

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.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Blog Post 1	10 %	19/09/2023	26/09/2023	1,2,3,4,5,6
Blog Post 2	10 %	20/09/2023	27/09/2023	1,2,3,4,5,6
Think Piece	20 %	24/09/2023	07/10/2023	1,2,3,4,5,6
Quiz	10 %	27/09/2023	04/10/2023	1,2,3,4,5
Research Essay	50 %	02/11/2023	27/11/2023	1,2,3,4,5,6

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Blog Post 1

Details of Task: The blog posts provide an opportunity for the student to reflect on their learning to date and discuss an aspect of the teaching that has sparked the student's particular interest. The preparation of the blog entry requires the student to have understood the material presented during the lecture, to be able to discuss an aspect of the material in writing relatively soon after the relevant teaching and to be able to explain the student’s reactions and opinions clearly.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Word Limit: 600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found at here.

Submission Requirement: A bibliography is not required for this assessment task.

Due Date: 5pm, Tuesday 19 September 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 26 September 2023

Assessment Criteria:

• Ability to discuss a point arising from the teaching clearly;
• Understanding of the issues relevant to the point being made;
• Understanding of the applicable law;
• Recognition of whether there are alternative approaches to the issue being discussed;
• Ability to articulate possible solutions or alternative understandings.

Assessment Task 2

Blog Post 2

Details of Task: The second blog post must refer to and discuss one of the other student's first blog posts.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Word Limit: 600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found at here.

Submission Requirement: A bibliography is not required for this assessment task.

Due Date: 5pm, Wednesday 20 September 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 27 September 2023

Assessment Criteria:

• Ability to discuss a point arising from the other student’s blog post clearly;
• Understanding of the issues relevant to the point being made;
• Understanding of the applicable law;
• Recognition of whether there are alternative approaches to the issue being discussed;
• Ability to articulate possible solutions or alternative understandings.

Assessment Task 3

Think Piece

Details of Task: Student produces a Think Piece of no more than 1,200 words including footnotes addressing a topic in the course that particularly interested the student. The think-piece is not intended to be a fully mature and researched piece. The think-piece demonstrates that the student has considered the material that has been taught, has developed a response on a specific issue and is able to articulate that response promptly.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Approval of Topic: The student chooses the topic.

Word Limit: 1200 words including footnotes. The ANU College of Law's Word Length and Excess Word penalties policy can be found at here.

Due Date: 10am, Sunday 24 September 2023. Due to the nature of the task, late submission or extension is not permitted.

Submission Details: Students must submit their Think Piece via BOTH the Turnitin and the Wattle Assignment dropboxes. All think pieces must be formatted with a 12-point font, double-spaced, A4-sized and have all pages numbered. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Estimated Return Date: 7 October 2023

Assessment Criteria:

a) Understanding of the Issues

• addresses the topic and covers all the important points
• explains clearly the cyber warfare law issue being discussed
• demonstrates ability to discuss the issue briefly and to put forward clearly the student’s responses/thoughts about the issues raised.

b) Communication of Ideas

• clear development of the issues raised in the chose topic
• logical and well-organised discussion
• ideas/paragraphs linked coherently

c) Analysis

• originality of ideas
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate

d) Presentation and style

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• adherence to word limit

Assessment Task 4

Quiz

Details of Task: Students must answer 20 multiple choice questions within 60 minutes.

Nature of the task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Release: 9am, Tuesday 26 September 2023. Students have a 24-hour window to commence their attempt, with a time limit of 60 minutes to complete the quiz once their attempt has started.

Duration: Once you log into the quiz, you will have 60 minutes to complete it. The quiz will finish after 60 minutes and any open attempts will automatically close and be submitted, so please allow sufficient time to complete the quiz.

Due Date: 9am, Wednesday 27 September 2023. If you experience unavoidable and extenuating circumstances and cannot sit the quiz at the due date and time, you should apply for an extension here. The College will give you one opportunity to sit the quiz, at the same time one week later. This will be your final opportunity to sit the quiz. 

Estimated Return Date: 4 October 2023

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 5

Research Essay

Details of Task: The Research Essay gives the student the opportunity to address a specific topic in some depth, to show that he/she has absorbed the taught material relating to that topic, to show that he/she has researched a range of approaches to that topic and is able to discuss them, to show that he/she can analyse a problem effectively and reach sustainable solutions expressed with clarity.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 50%

Approval of Topic: Students must choose their topic from a listing that will be made available on the first day of the course.

Word Limit: 3000 words including footnotes. The ANU College of Law's Word Length and Excess Word penalties policy can be found at here.

Due Date: 5pm, Thursday 2 November 2023. Late submissions (without an extension) are permitted, although late penalties will apply.

Submission Details: Students must submit their research essay via BOTH the Turnitin and the Wattle Assignment dropboxes. All research essays must be formatted with a 12-point font, double-spaced, A4-sized and have all pages numbered. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Estimated Return Date: 27 November 2023

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers the salient, relevant and important points;
• evidence of close consideration of the question and the research materials drawn on;
• issues raised by the topic are clearly and concisely identified;
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively;

b) Communication and Development of Argument

• shows a clear theme or argument;
• argument(s) logical and well-organised;
• ideas/paragraphs linked coherently; 

c) Argument/Analysis

• originality of ideas and critical analysis of the material;
• complexity and insight in dealing with theory/ideas;
• suggestions for change where appropriate;
• interdisciplinary perspective where appropriate;
• addressing opposing arguments;
• well-reasoned conclusions;

d) Research

• research covering primary and secondary materials;
• good organisation of sources and ability to synthesise all the research materials used;
• use of theoretical material where appropriate;
• range of research sources;
• integration of material from research resources into the essay.

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs;
• clarity and conciseness of expression, content is interesting and engaging of reader;
• use of appropriate terminology and correct grammar, syntax and spelling;
• full and accurate footnotes together with a bibliography;
• style according to Australian Guide to Legal Citation where appropriate;
• adherence to word limit.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary. 

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 Access 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 all ANU students