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Human Rights and Armed Conflict (LAWS70422)
Graduate coursework level 7Points: 12.5Not available in 2022
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
Overview
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The application of international human rights law (IHRL) in situations of armed conflict is one of the most contested areas of contemporary international law. The controversy begins with the identification of the applicable branch (or branches) of law. Are states only bound by international humanitarian law (IHL) or are they also bound by their human rights obligations? This points to other areas of dispute: to what extent do states owe human rights obligations outside their borders? Can states derogate from IHRL in armed conflict? Debates also surround issues such as whether non-state armed actors are bound by human rights law and whether states owe human rights obligations to the members of their armed forces while on military operations. We will explore these issues and more, examining the gaps that exist between IHRL jurisprudence and the practice of militarily active states, including Australia.
Principal topics include:
- What are human rights? How have human rights claims arisen in armed conflict situations?
- What is an international/non-international armed conflict? What is a military occupation? Where does IHL apply when an armed conflict exists? Why might a state wish a situation to be (or not to be) characterised as an armed conflict?
- In what circumstances does an armed conflict enable a state to derogate from its human rights obligations? Which obligations can be derogated from?
- What is the current jurisprudence on the applicability of human rights in armed conflict (with particular emphasis on relevant case law of the European and Inter-American Courts of Human Rights)? Has the changing nature of armed conflict resulted in changes in emphasis? To what extent has this case law been accepted by states?
- How and when do human rights apply extra-territorially (that is, when is a state bound by human rights law outside its national borders)? How might this apply to Australia’s international military deployments?
- How might human rights law assist in addressing issues such as gendered violence, weapons such as drones, or targeted killings?
- Do non-state armed actors owe human rights obligations? Do international organisations engaging in violence have human rights obligations?
- Does a state have human rights obligations towards its own military personnel when deployed on operations?
- To what extent have human rights featured in justifications for the resort to violence within and across state borders? What is the relevance of notions such as ‘the responsibility to protect,’ ‘human security,’ or ‘protection of civilians’?
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a critical understanding of the legal concepts of international armed conflict, non-international armed conflict and military occupation;
- Understand the derogations allowed in times of armed conflict under international human rights law;
- Have an advanced understanding of the interplay between international human rights law and international humanitarian law, as well as a sensitivity to the normative choices that underlie the selection of one regime over another;
- Be able to demonstrate a highly developed understanding of the law and critical judgment as a practitioner and advocate in the interstices of the fields of international human rights law and international humanitarian law;
- Be able to theorise, assess and critically evaluate the extent to which human rights applies in situations of armed conflict and occupation.
Last updated: 30 January 2024
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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 28 - 31 January 2022 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 23 February 2022 | 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 |
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: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2022
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.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- 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.
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: 30 January 2024