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International Humanitarian Law (LAWS70234)
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
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
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) | December |
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Fees | Look up fees |
The implementation of the legal rules governing the conduct of military hostilities is literally a matter of life and death. This subject combines current international practice in the relevant law with acknowledged research and practical expertise. This subject briefly introduces the historical development of international humanitarian law and raises a series of questions around the effective implementation of the law.
- What is an armed conflict and how do we determine the legal character of a conflict?
- How do combatants distinguish between civilians and enemy combatants and how can protection for civilians in armed conflict—particularly women and children—be improved?
- Who can lawfully be targeted and killed and who can be detained?
- Which weapons are prohibited and which are permitted?
Principal topics include:
- The historical development of international humanitarian law and its rationale in a broader context
- The Geneva Conventions of 1949 and the Additional Protocols of 1977 and developments in customary international law
- The unique role of the International Committee of the Red Cross (ICRC) in armed conflict
- The relationship of international humanitarian law to other related areas of international law, such as arms control and disarmament, human rights, peacekeeping and international criminal law
- Implementation of the law through case studies
- Current issues for development of the law, such as emerging technologies, child soldiers, the protection of women in armed conflict and the law of occupation and terrorism.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the international legal principles regulating the conduct of armed conflict and their impact on military strategy
- Be able to critically examine, analyse, interpret and assess the effectiveness of the rules of international humanitarian law, and where relevant, other areas of international and domestic law, in relation to the conduct of hostilities and military operations where the use of force is envisaged
- Be an engaged participant in debate regarding emerging and contemporary issues in the field such as military necessity, the application of human rights law, the law of occupation, the protection of victims of armed conflict and the means and methods of warfare
- Have a sophisticated capacity to analyse the principal institutional structures for the implementation of international humanitarian law and the general legal framework that governs the use of force by military forces
- Have the cognitive and technical skills to generate critical and creative ideas relating to existing approaches to the effectiveness of international humanitarian law, and the key issues for further development of the law and current initiatives for change
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging issues in applying international humanitarian law in military operations, and appreciate the existence of critiques of the efficacy of the legal principles
- Have the communication skills to clearly articulate and convey complex information regarding the application of international humanitarian law in international and non-international armed conflicts to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgement and responsibility as a practitioner and learner in the field of international humanitarian law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
In order to derive maximum value from the subject, it is strongly recommended that students have completed prior study in international law at an undergraduate level or successfully completed International Law (LAWS70173).
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 |
---|---|---|
Option 1: Take-home examination
| 22 - 25 January 2021 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 24 February 2021 | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- December
Coordinator Bruce Oswald Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 4 November 2020 Pre teaching requirements 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. Teaching period 2 December 2020 to 8 December 2020 Last self-enrol date 9 November 2020 Census date 3 December 2020 Last date to withdraw without fail 18 January 2021 Assessment period ends 24 February 2021
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
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in International Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies Course Master of Law and Development Course Master of Laws - 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.
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