Units

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Sample subject outline - 6 Week Teaching Period - 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

This important area of law is currently informing and shaping state responses to terrorist and other threats to peace and security. Many of the fundamental concepts in this area of the law are based on the assumption that conflicts occur between states or occur within states and that the principle actors in a conflict are state-based actors. The events of September 11 and consequent terrorist attacks have invited a rethinking of the fundamentals of the laws applicable to the resort to force and the laws which regulate the use of force in situations of armed conflict. At the same time, long standing rules of International Humanitarian Law (IHL) designed to protect civilians from unwarranted attack and to ensure fair trial for individuals accused of serious violations of international humanitarian law have come under enormous pressure. The course will examine the development of these rules and current developments in the enforcement of these important principles of IHL.
Knowledge of this area of law is helpful for legal practitioners, and also those working in law enforcement, military law, and government policy, journalism and NGOs. It offers a useful framework for practitioners to interpret and analyse recent commonwealth and state legislation regarding terrorism related offences, war crimes and implementation of the provisions of the Rome Statute of the International Criminal Court.

Aims

This unit aims to introduce you to contemporary issues concerning international law governing the use of force and principles of international humanitarian law. The unit involves in depth analysis of the fundamental concepts and general principles underpinning this area of law, and the factors affecting its development.

Objectives

On completion of this unit, you should be able to:

1. Identify the relevant sources of rules in international law and understand the means by which rules develop under international law.
2. Understand the relevant rules of the UN Charter and customary rules of international law governing the use of force.
3. Understand the mechanisms for the enforcement of IHL, including state responsibility and individual criminal responsibility.
4. Understand and apply relevant principles of international law to contemporary problems in situations of armed conflict and peacetime. Identify different legal positions adopted by states and by authors and critically evaluate the consequences of those positions.
5. Demonstrate an ability to conduct more complex analysis of issues in international law.
6. Demonstrate an ability to communicate, orally and in writing, the principles of international law and their implications.
7. Demonstrate advanced written, critical analysis, and research skills in international law.

Content

1. Introduction: the United Nations Charter, the international law framework for constraining the resort to force and the methods and means of warfare. The distinction between jus in bello and jus ad bellum.
2. The prohibition on the use of force under the UN Charter and in customary international law
3. Exceptions to the prohibition on the use of force under the Charter and in customary international law. The scope of the right to exercise self-defence. Humanitarian intervention.
4. State Responsibility for the acts of individuals and groups.
5. State Responsibility for armed incursions, terrorist activities, and other breaches of international duties.
6. International Humanitarian Law. Obligations on states and belligerents. The rules prescribing the methods and means of warfare. Humanitarian obligations.
7. The applicable law in international and non-international conflicts. Belligerency.
8. The criminalisation of breaches of IHL. Individual criminal responsibility for breaches of IHL.
9. Treaty offences for terrorist activity in International Criminal Law.
10. Enforcement mechanisms under international law. ¿Horizontal¿ vs. ¿Vertical¿ enforcement. Prosecution in national courts and international tribunals.
11. The prospect of an international criminal tribunal for terrorist offences. International cooperation in investigation and evidence gathering. The increasing role of the Security Council to respond to threats to peace and security.
12. Conclusion: Terrorist attacks as an ¿armed attack¿ - implications for self-defence and collective security, characterisation as criminal acts.

Approaches to Teaching and Learning

Classes will be conducted by Kate Greenwood. Twenty six hours of classes will take place over 5 days. In general, there will be about 6 hours of class time per day.

Student learning will be facilitated by lectures, participation in class discussions, independent reading and research, and written work for assessment. Classes will contain an introduction and outline of each of the topic areas by the lecturer accompanied by class discussion of key issues and the implications of various legal stances adopted by states and expressed by academic legal writers.

An online teaching (Blackboard) site will be used to support the immediate goals of the unit and to provide information and links for further interest in the area.

Outside class, you will have the opportunity to consult with the lecturers at specified times throughout the intensive teaching period and after the conclusion of the intensive period but prior to the submission date for the research paper.

Assessment name: Research Paper Outline
Description: An outline for the research paper will be formatively assessed. It is due two weeks after the end of the intensive it is designed to give guidance and feedback for the research paper.. In addition you can receive formative feedback in class through the lecturers' responses in class discussions.
Relates to objectives: 1-7
Internal or external: Internal
Group or individual: Individual
Due date: 2 wk after class

Assessment name: Short Research Paper
Description: You will be asked to prepare a briefing on a topical issue in International Humanitarian Law for dissemination purposes. You will be able to choose from the range of topics (depending on the size of the class, more than one student may have the same question). You will be asked to hand in a concisely written document of 350-450 words together with a bibliography of the resources relied upon to prepare the briefing. This component is intended to evaluate your comprehension of the applicable law, ability to analyse relevant materials and to communicate key concepts studied in this unit concisely. Assessment will be based upon the extent to which the paper demonstrates a reflective understanding of the chosen legal topic.
Relates to objectives: This item of assessment is a measure of your attainment of learning outcomes 1-7.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: 1 wk after class

Assessment name: Research Paper
Description: The research paper (5000 words) is a written paper about an issue of your choice that arises out of the areas of law covered in class. A list of suggested topics will be distributed at the commencement of the unit, but you are also free to devise a topic (provided you gain approval for the topic from the lecturers). You must identify and critically analyse a major legal issue. Papers must be of publishable quality using appropriate legal citation standards and writing style. A brief outline of your research paper and rudimentary bibliography should be submitted in writing to the lecturers within two weeks of the conclusion of the unit.
Relates to objectives: This item of assessment is a measure of your attainment of objectives 1-7.
Weight: 80%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wk after class

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

There is no prescribed text. The course will follow the reading guide. Reading materials include text chapters, journal articles, and excerpts from military manuals, treaties, and decisions of international tribunals. Reference will be made to printed and electronic resources. Materials will be made available through the OLT site.

The following texts are recommended for general background reading:

M. Shaw, International Law (2003), especially chapters 20 and 21.
C. Gray, International Law and the Use of Force (2004).
J. Henckaerts and L. Doswald-Beck (Eds), Customary International Humanitarian Law (2005).
L.C Green, The Contemporary Law of Armed Conflict (2000).

Students may also wish to refer to

I. Brownlie, International Law and the Use of Force by States (1981).
T. Meron, Human Rights and Humanitarian Norms as Customary Law (1989).
Y. Dinstein, War, Aggression and Self-defence (2005).

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 13-Oct-2011