LAW7320

Terrorism and human rights ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Professor Sarah Joseph

Offered:
Not offered in 2006.

Synopsis: The first years of the new millennium have seen an intense focus on the issue of global terrorism as a result of the attacks on the United States in 2001 and the subsequent 'war on terror'. This campaign is multi-faceted and includes police actions, military campaigns and the enactment of stringent anti-terrorism legislation. There has been widespread concern about the human rights impact of these actions, from the alleged torture and indefinite detention of suspected terrorists to tough anti-terrorism laws, such as those enacted in Australia, the UK, and the USA.

Objectives: Upon completion of this unit, students should: 1) have a comprehensive understanding of international, comparative and local approaches to combating terrorism, both in a historical context and in response to the post September 11 'war on terror'; 2) have a comprehensive understanding of international, comparative and local anti-terrorism laws; 3) be able to analyse and critically comment on the international and domestic human rights implications of anti-terrorism laws; 4) have a comprehensive understanding of the relationship between international criminal law, international humanitarian law and international human rights law as they relate to terrorism and counter-terrorism laws and practices; 5) understand and be able to analyse and critically comment on the theoretical and policy debates regarding the balance between combating terrorism and upholding international human rights law; 6) be able to analyse the extent to which Australia's domestic anti-terrorism laws are consistent with international and domestic human rights law; 7) be able to critically evaluate the strengths and weaknesses of Australian laws and structures relating to the human rights of those suspected of committing, or charged with, terrorism offences; 8) be able to analyse and compare anti-terrorism laws enacted in key domestic jurisdictions, including Australia, the United States and the United Kingdom; 9) have a comprehensive understanding of the international human rights obligations and standards, and the system for monitoring and enforcement thereof, pertaining to terrorism and anti-terrorism laws; 10) be able to identify or find the relevant principles, laws and precedents and apply them to resolve issues relating to terrorism and human rights; 11) further develop legal research, writing, and legal argument skills in the area of terrorism and human rights; and 12) further develop oral articulation of legal argument during class discussions.

Assessment: Students may opt to complete in the assessment requirements in one of two ways. Option A: Research Paper (7,500 words) 100% or Option B: Research Paper (3,750 words) 50% Take-home Examination (3,750 words) 50%

Contact Hours: 24 contact hours per semester regardless of the mode of offering