Interim Trimester 3, 2023 Online | |
Units : | 1 |
School or Department : | School of Law and Justice |
Grading basis : | Graded |
Course fee schedule : | /current-students/administration/fees/fee-schedules |
Staffing
Course Coordinator:
Requisites
Pre-requisite: LAW5222 or Students must be enrolled in one of the following Programs: LLBH or LLMC
Overview
As the world faces an intense period of conflicts, both recent International and ongoing non-international, the Four Geneva Conventions (GC) and the two Additional Protocols (AP) have been made to work hard. IHL has three golden principles of proportionality, precaution and distinction and definitions such as combatants, civilians and so on that provide an excellent base for learning to reason in a legal manner and apply relevant rules. An added distinction is IHL is an area where the written rules of the GC and AP are unchanging such that the GC are now taken to be customary law. However, the daily circumstances to which they apply are fluid, regularly presenting new challenges in their application. Students will gain vital training in legal reasoning, choosing and developing well-reasoned and researched arguments with an ability to write at a higher order level in order to promote and persuade others in their reasoned arguments. The course will give students grounding in legal thinking and the application of legal mechanisms to one of the most contentious areas of human activity, namely war. It will enable students to undertake a significant piece of research as well as providing opportunities to explore the resolution of particular legal problems in the area of international law, and in particular International Humanitarian Law. The GC place an obligation on the High Contracting parties to ensure the dissemination of knowledge of the Conventions. This course achieves this.
It is important for those acquiring the skills of lawyers to understand that the law is part of the social fabric and reflects the views and values not only of the society in which it operates but the wider international community. This course is aimed to introduce students to international obligations and their application domestically in relation to armed conflicts. Consideration of core fundamental principles such as distinction, humanity, proportionality and military necessity will be addressed. A comparative element between Australia and other jurisdictions such as the US and UK will occur.
Students outcomes will deliver the skills necessary to discuss and debate through written communication the key legal concepts that relate to legal principles surrounding both `jus ad bellum': the legal constraints on going to war, and `jus in bello': the limits imposed by law once armed conflict exists. Students will achieve practical skills in producing research and a potential outcome will be delivery of a publishable journal article and a keen understanding of the research process.
Course learning outcomes
On successful completion of this course students should be able to demonstrate:
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application of an emerging knowledge of:
- the underlying principles, concepts and broader contexts for and of the topics considered in this course by critically analysing the relevant law in its application to factual scenarios in written communication
- the law of IHL and apply critical legal reasoning and research skills in a creative and appropriate response to the topics considered in this course;
- legal thinking skills, understanding of legal mechanisms by identifying and articulating principles and issues; use of appropriate legal and other materials; application of legal reasoning to engage in critical analysis; and
- effective, appropriate and persuasive communication skills by producing a well researched publishable quality journal article.
Topics
Description | Weighting(%) | |
---|---|---|
1. | Development, sources and objectives of international humanitarian law | 20.00 |
2. | Conduct of Hostilities (Jus ad bellum) and Means and Methods of War (Jus in bello) | 30.00 |
3. | Compliance and Enforcement | 20.00 |
4. | Special Issues | 30.00 |
Text and materials required to be purchased or accessed
Student workload expectations
To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.
Assessment details
Description | Group Assessment |
Weighting (%) | Course learning outcomes |
---|---|---|---|
Case 精东传媒app | No | 35 | 1,2 |
Essay | No | 50 | 1,2,3 |
Critique (written) | No | 15 | 1,2,3 |