Hobart
Introduction
Some argue that war, of all human activity, is no place for law; any notion that law might regulate military conduct is naive and deluded. Although egregious violations of the law are common, international criminal courts and tribunals hold some of those most responsible for war crimes, crimes against humanity and genocide to account. This has led to a surge in awareness of International Humanitarian Law and, some would argue, increased respect for this body of law. This unit explores the development and operation of two dynamic and interacting bodies of international law - international criminal and international humanitarian law.
International Humanitarian Law (also known as the Law of War or the Law of Armed Conflict) is the body of international law which regulates the conduct of military hostilities - distinguishing between combatants and civilians, imposing limits on the targeting of military objectives, prohibiting the use of particular weapons and establishing minimum standards of treatment for prisoners of war and civilians affected by armed conflict.
You will consider the historical development of International Humanitarian Law, its substantive rules, and its efficacy as a tempering influence on human suffering in armed conflict. You will also explore the contribution that International Criminal Law is making to increased awareness of and respect for the law, particularly through the conduct of war crimes trials.
Summary 2021
| Unit name | Law of Armed Conflict and International Criminal Law |
|---|---|
| Unit code | LAW277 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Coordinator | Professor Tim McCormack |
| Available as student elective? | Yes |
| Breadth Unit? | No |
Availability
Note
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* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).
Learning Outcomes
- Describe and explain the core features of the broad topic areas of International Humanitarian Law and International Criminal Law and how those two bodies of international law intersect.
- Identify, conceptualise and research International Humanitarian Law and International Criminal Law problems and issues.
- Contexutalise International Humanitarian Law and International Criminal Law in the broader policy, diplomatic, military and political contexts in which these bodies of law operate.
- Evaluate the efficacy of existing International Humanitarian Law and International Criminal Law, identify major challenges to both legal regimes, and assess options for law reform,
Fees
Requisites
Prerequisites
50 credit points of Introductory units.
It is recommended you have completed LAW102.
Mutual Exclusions
You cannot enrol in this unit as well as the following:
LAW623 and LAW677
Teaching
| Teaching Pattern | Lecture (3 hours x 10 times) |
|---|---|
| Assessment | Task 1: Take home Exam: Individual Examination, (formative & summative), 2500 words (50%) Task 2: Group Work Written Critique, 750 words (20%) Task 3: Individual Research essay, 2000 words (30%) |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required | None |
|---|
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