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Prosecuting the War on Terror (LAWS70327)
Graduate coursework level 7Points: 12.5Not available in 2019
Overview
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In the aftermath of 9/11, the Bush Administration embarked upon its self-declared ‘War on Terror’ which included the establishment of Military Commissions to try some of the detainees in Guantánamo Bay. The subject involves a critique of the Bush Administration’s approach to trials by Military Commissions and contrasts the system with prosecutions of terrorist offences in United States civilian courts both pre and post-9/11. Students in the subject will discover that there are viable and effective alternatives to trial by Military Commissions which still guarantee basic fair trial rights. The subject also considers policy approaches of the Obama Administration—particularly the massive increase in drone strikes in preference to taking physical custody of targeted personnel and transferring them to Guantánamo Bay – as well as increasingly strident Australian counter-terrorism legislation. The lecturers combine extensive practical trial experience with detailed understanding of relevant legal regimes making the subject a dynamic learning experience.
Principal topics include:
- Challenges of prosecuting terrorist offences
- Alternative trial proceedings
- United States criminal law and counter-terrorism legislation
- Terrorism trials in United States civilian courts
- United States Military Commissions: establishment, subject matter jurisdiction and trial procedures
- Trials before United States Military Commissions
- Decision to close the Commissions and options for future cases
- Capture or kill: the increasing use of drone strikes in the War on Terror
- Australian legislative approaches to counter-terrorism.
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand the alternative legal frameworks for the prosecution of terrorist offences in the United States (US) and the underlying policy grounds for each of them
- Be conversant with US domestic counter-terror legislation, the relevant procedural standards in US domestic criminal trials and the leading US counter-terror cases
- Be aware of the purported legal bases for the establishment of the US Military Commissions and be able to critically evaluate the US Supreme Court’s jurisprudence in relation to the Commissions
- Comprehend the major criticisms of the US Military Commissions (both substantive legal and policy criticisms) and be in a position to argue for or against those criticisms
- Be aware of the case law of the US Military Commissions, including the proceedings against Australian David Hicks.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: Successful completion of the below subject, or an equivalent subject:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70173 | International Law |
March (On Campus - Parkville)
July (On Campus - Parkville)
|
12.5 |
JD Students: Successful completion of the below subject, or an equivalent subject:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50041 | Public International Law | Semester 1 (On Campus - Parkville) |
12.5 |
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.
Successful completion of the below subject, or an equivalent subject, is recommended:
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70234 | International Humanitarian Law | November (On Campus - Parkville) |
12.5 |
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%)
or - 10,000 word research paper (100%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2019
Time commitment details
136-150 hours The 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.
Additional delivery details
This subject has a quota of 30 students. 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
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Law and Development Course Master of Public and International Law Course Master of Laws Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Law - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022