This course explores the intersection of two overlapping areas of international law: international humanitarian law and international human rights law.  The concurrent application of these areas of international law has increasingly raised difficult questions and issues in the post September 11 security environment at national, regional and global levels.  This course will offer an opportunity for students to explore and deepen their understanding of these questions and issues from an international legal perspective and in the broader context of debates about the coherence and fragmentation of the international legal system.

The post-Cold War period has not seen a reduction internal armed conflicts and the post September 11 security environment has sharpened legal controversies regarding the overlapping operation of international humanitarian law and international human rights law.  These controversies have included whether international humanitarian law or human rights law standards appropriately apply to counter-terrorism measures and controversies regarding the extraterritorial application of human rights treaties to armed conflict situations and the human rights obligations of occupying powers, for example, in Iraq following the 2003 invasion.

Through this course, students will develop advanced specialised knowledge of international law as applicable to conflict and post-conflict situations. To that end, a participant who has successfully completed this course will:

1)   Have developed an advanced knowledge and understanding of the contemporary international legal issues relating to the concurrent application of international humanitarian law and international human rights law in a security context;

2)   Have developed a deeper appreciation of the interaction of relevant rules and principles of international humanitarian law, especially those found in the Geneva Conventions and the Additional Protocols, with relevant rules and principles of international human rights law, especially those found in the International Covenant on Civil and Political Rights and other global human rights treaties and regional instruments such as the European Convention on Human Rights;

3)   Have developed a deeper appreciation of aspects of international law, international humanitarian law, and international human rights law as they apply to counter-terrorism measures, during military operations and to occupied territories;

4)   Be able to make an effective and insightful contribution to class discussion, debate and analysis of seminar topics; and

5)   Be able to demonstrate superior research, analytical, and writing skills by completion of a major research paper.

1. Seminar Presentation 25%

2. Class Contribution 10%

3. Major Independent Research Paper 65% (5000 wds)

Intensive mode (4 days)

Students are also expected to spend approximately 10-12 hours a week for 4 weeks prior to the commencement of the course for preparation and as much time as they need in order to satisfactorily complete assignments after the course.

The course will be taught on the basis that students will have a general understanding of international human rights law and international humanitarian law.

LAWS8182 Prinicples of International Law AND EITHER

LAWS8268 International Humanitarian Law OR LAWS8234 International Human Rights Law

The course will be taught on the basis that students will have a general understanding of international human rights law and international humanitarian law.

There is no prescribed text.  A reading list will be distributed to the students a few weeks prior to the commencement of the course.

Students will need access to internet and email