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International Law and the Use of Force (LAWS70078)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
November
Lecturer(s)
Christopher Gevers (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
---|---|
Fees | Look up fees |
The questions that arise from the use of force are amongst the most controversial both in international law and international relations. Different states, civil society and international lawyers have held over time diverse opinions about the legality and the legitimacy of events such as Russia’s invasion of Ukraine in 2022, the bombing of Iraq and Syria (by the US, UK, France, Australia and others) in the war against the ‘Islamic State’ and affiliates, the use of drone strikes globally in the ‘War on Terror’ since 2001, the exercise of the 'responsibility to protect’ by the ‘international community’ in Libya in 2011 and the 2003 invasion of Iraq, as well as debates over the possibility of a 'pre-emptive strike’ against North Korea or Iran. The question of what amounts to ‘force’ has also been contested by States since at least 1945, and the emergence of new technologies of warfare have reinvigorated these debates. Finally, the question of what to do about the unlawful use of force (including criminal and economic sanctions) has been the focus of renewed attention since Russia’s invasion of Ukraine and annexation of Crimea.
This subject provides a doctrinal, theoretical, and historical account of the relationship between international law and war that is centered on a wide range of case studies. On the one hand, we will focus on major contemporary debates about the legal regime established since the promulgation of the UN Charter in 1945. We will examine the specific arguments states and international organisations (such as the UN, NATO, the European Union or the African Union) have used in order to justify the resort to force, and the responses of states, international organisations, courts and other groups (especially those at the receiving end of this violence) to these justifications. For example, this subject will consider questions such as the legality of 'humanitarian intervention’, the possibility of lawfully launching 'pre-emptive strikes’ against a perceived threat, whether a state can invoke its right to self-defence against non-state actors, the use of nuclear weapons, targeted killing and the authority of the UN Security Council to authorise violence. On the other hand, this subject invites students to think contextually, historically and critically about these debates. We will discuss both earlier legal regimes pertaining to war (for example, that of the League of Nations) as well as arguments about the radical transformation of the relevant law since the turn of the century and the ‘War on Terror’. We will also ask broader questions about the ways in which legitimate violence is allocated between different actors by international law and how this allocation shapes international and domestic politics.
Principal topics will include:
- Historical approaches to the legal regulation of the use of force (including the relationship between the jus ad bellum and the jus in bello)
- The concept of 'force’ and exclusion from legal regulation of economic or political coercion
- Scope of the general prohibition on the use of military force in Article 2(4) of the UN Charter
- UN Charter framework for collective security and resort to force
- Scope of the right of self-defence, including anticipatory or collective self-defence
- Right to rescue nationals in foreign territory and right of humanitarian intervention
- Case studies on legality of the Russian invasion of Ukraine, the NATO bombing in Kosovo, Coalition of the Willing intervention in Iraq and the global ‘War on Terror’.
- The development and prosecution of the crime of aggression
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Discuss and debate the scope of the various exceptions to the legal prohibition on the use of force;
- Critically evaluate justifications for resort to force and understand arguments for and against the legal validity of such claims;
- Examine the approach of the United Nations Charter framework for the international legal regulation of the use of resort to force;
- Identify and analyse the relationship between this principal treaty regime and customary international law;
- Critically reflect upon the historical evolution of relationship between international law and war and the different visions of the state, the economy and the international order that are linked to these historical changes.
Last updated: 31 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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Participation | Throughout the teaching period | 10% |
Group Task - simulation activity
| During the teaching period | 20% |
Research paper on a topic approved by the subject coordinator
| 22 January 2025 | 70% |
Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Coordinator Christopher Gevers Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 9 October 2024 Pre teaching requirements Please 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 6 November 2024 to 12 November 2024 Last self-enrol date 14 October 2024 Census date 7 November 2024 Last date to withdraw without fail 13 December 2024 Assessment period ends 22 January 2025 November contact information
Lecturer(s)
Christopher Gevers (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 31 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:
Type Name Course Master of Laws Course Master of Public and International Law Course Master of Law and Development Course Graduate Diploma in International Law - 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-masters@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: 31 January 2024