LAW7320 - Terrorism and human rights

Leader(s): Professor Sarah Joseph

Offered

City (Melbourne) Term 2 2009 (On-campus split block of classes)

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

Research paper (3,750 words): 50%

Take home examination (3,750 words): 50%

or

Research paper (7,500 words): 100%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)