This course will equip students with an understanding of the relationship between national security and international law. It introduces the foundations of international law and considers sub-topics of direct relevance to national security, with a focus on human rights. No prior legal training or study is necessary, and this course is available to persons with or without legal qualifications. Students will encounter the sources and institutions of international law and engage with sub-topics such as the law of state responsibility, the law of the sea, space law, the laws of armed conflict, and human rights. These topics are relevant to national security in various ways. For example, Australia and its intelligence agencies may be involved in military conflicts where the laws of armed conflict can also apply or may rely on information collected by remote sensing technologies in space. While a nation’s national security laws and policies can assist in protecting human rights, particularly rights relating to the safety and freedoms of its people, national security laws and policies also pose challenges to the enjoyment and fulfillment of human rights, such as freedom of expression, movement, fair trials, and free press. This course exposes students to the legal and policy issues underpinning these and other tensions.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Understand, analyse, and communicate the relevance of human rights to national security.
- Demonstrate an understanding of the foundational principles of the international legal system, includes sources and institutions.
- Demonstrate an understanding of the domestic and international principles, instruments, and frameworks underpinning human rights.
- Analyse points of tension in the relationship between human rights and national security, as well as identifying challenges and opportunities for reform and development.
- Develop and communicate ideas, analysis, and argument related to contemporary issues in the relationship between international law and national security for scholarly and professional audiences
Indicative Assessment
- Class participation (10) [LO 1,2,3,4,5]
- Online timed quiz x 2 (20) [LO 1,2,3]
- Statement of Compatibility (2000 wds) (30) [LO 1,3,4]
- Written Submission to Parliamentary Inquiry (2200 wds) (40) [LO 1,2,3,4,5]
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
The standard workload for a 6 unit course is 130 hours including class time and independent study.
Inherent Requirements
Not applicable
Prescribed Texts
None
Preliminary Reading
Prescribed texts
No one textbook is prescribed for this subject. However, reading material specific to each topic will be provided on a weekly basis. By way of example only, reading materials might include, but not be limited to:
Primary Sources:
· Articles on State Responsibility for Internationally Wrongful Act < https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf >.
· Geneva Conventions < https://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions >.
· Outer Space Treaty < https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html >.
· The International Covenant on Civil and Political Rights: < https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights >.
· International Covenant on Economic, Social and Cultural Rights: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
· Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
Reports and findings
· The Australian Human Rights Commission, ‘A Human Rights Guide To Australia’s Counter-Terrorism Laws’ (2008) < https://humanrights.gov.au/sites/default/files/content/pdf/legal/publications/counter_terrorism.pdf >.
Academic Commentary
· Sarah Joseph, ‘International Human Rights Law and the Response to the covid-19 Pandemic’, (2020) 11(2), Journal of International Humanitarian Legal Studies 249.
· Danielle Ireland-Piper and Jonathan Crowe, ‘Whistleblowing, National Security and the Constitutional Freedom of Political Communication’ (2018) 46 Federal Law Review 341.
Assumed Knowledge
N/A
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 14
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found 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 |
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.