Human Rights and Terrorism (LAWS70091)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
Contact information
July
Lecturer
Professor Helen Duffy, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | July |
|---|---|
| Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
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
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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Take-home examination
| 28 - 31 August | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 29 June 2020 Pre teaching requirements Refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 20 July 2020 to 24 July 2020 Last self-enrol date 3 July 2020 Census date 20 July 2020 Last date to withdraw without fail 7 August 2020 Assessment period ends 31 August 2020 July 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
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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
Last updated: 3 November 2022