Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

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
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%

Chief examiner(s)

Professor Sarah Joseph

Contact hours

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