Human Rights and Terrorism (LAWS70091)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
May
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Since 11 September 2001, there has been a global trend towards enacting new laws and adopting new measures against terrorism, reflected in developments on the national, regional and international levels. Many such counter-terrorism laws and measures have raised questions about the nature of human rights law, and the extent of its adaptability in face of security imperatives. Others have revealed clear human rights violations and exposed the fragility of respect for the rule of law. Responses by the courts and international mechanisms have had a role to play in redressing this reality in various ways, but they too have met challenges. This subject addresses the international law framework within which responses to terrorism, and to counter-terrorism, unfold. It considers human rights law in the context of other relevant areas of international law and practice, such as humanitarian law and the law on peace and security. It examines legal questions not in abstract but by reference to examples from practice, and in light of the many real-life challenges to giving effect to the law in the security context today. It provides a stock-taking review and questions the human rights implications of global counter-terrorism practice.

Principal topics include:

  • What is ‘terrorism’ and how does it fit within the framework of international law?
  • Do terrorists violate human rights, and can they be held accountable?
  • Which human rights are affected by counter-terrorism measures by states and how they are affected in practice?
  • Is the prohibition against torture absolute, and what have been the challenges in practice since 9/11?
  • How has the criminal law adjusted, and expanded, in recent years and what are the implications?
  • Have restrictions on freedom of expression, association and assembly been legitimate?
  • How has terrorist listing and sanctions against individuals and entities developed and what human rights issues arise?
  • What implications are there for refugee and immigration law in the era of terrorism?
  • What is the phenomenon of ‘foreign terrorist fighters’ and legal responses to it?
  • How has the right to privacy been eroded in the name of countering terrorism, and when is surveillance lawful?
  • What are strategic approaches to preventing and combating terrorism, and what are the long –term implications of trends in counter-terrorism practice to date?

Intended learning outcomes

A student who has successfully completed this subject will:




 

  • Have an advanced and integrated understanding of the international legal framework for countering terrorism and of its impact upon human rights, including of recent developments in this field of law and practice
  • Be able to critically examine, analyse, interpret and assess the operation of this legal framework
  • Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as terrorist listings, targeted killings, extraordinary rendition, terrorism trials, terrorist profiling, the phenomenon of foreign terrorist fighters, the use of surveillance in preventing terrorism, and the impact of counter-terrorism measures upon migration and asylum
  • Have an advanced understanding of conducting a human rights impact analysis of counter-terrorism measures
  • Have the cognitive and technical skills to generate critical and creative ideas relating to counter-terrorism measures and their impact upon the enjoyment of all categories of human rights
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to the human rights compatibility of international or national counter-terrorism measures
  • Have the communication skills to clearly articulate and convey complex information regarding terrorism, counter-terrorism and human rights to relevant specialist and non-specialist audiences
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of the law of counter-terrorism and human rights.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Melbourne Law Masters Students: None

JD Students: None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 3 November 2022

Assessment

Additional details

Take-home examination (5,000 - 6,000 words) (100%) (29 June - 2 July)

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • May
    Mode of deliveryOn Campus (Parkville)
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date16 April 2018
    Pre teaching requirementsThe pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period14 May 2018 to 18 May 2018
    Last self-enrol date20 April 2018
    Census date14 May 2018
    Last date to withdraw without fail 8 June 2018
    Assessment period ends 2 July 2018

    May contact information

    Lecturer

    Professor Helen Duffy (Coordinator)

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Last updated: 3 November 2022

Further information

Last updated: 3 November 2022