Students
LAWS5087 – Law of Armed Conflict
2023 – Session 1, In person-scheduled-weekday, North Ryde
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Shireen Daft
Contact via iLearn
6FW 426
By Appointment
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|---|---|
| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
130cp including LAWS2000 or LAWS259 or LAW459 or LAWS1010 or LEX101
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
War presents one of the most serious and enduring challenges to the practice of international law. This unit explores the field of international humanitarian law, the body of law that has developed to limit and regulate armed conflict. International humanitarian law seeks to balance military objectives and priorities against considerations of human suffering and priorities against considerations of human suffering and the humanitarian impact of conflict. This course will explore the role of international law in providing a framework to address contemporary challenges during armed conflict, including the protection of civilians, the status and treatment of combatants, and the protection of the environment and cultural heritage. It will also explore the rules relating to the means and methods of warfare, including the challenges faced by rapid technological development. |
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Articulate and apply the general characteristics and principles of international humanitarian law, and the global governance structures that address armed conflict
- ULO3: Research, analyse, synthesise, and interpret legal principles from international legal sources relevant to international humanitarian law
- ULO2: Evaluate past and present international developments in the area of humanitarian law, and analyse, interpret, and critique such developments from an international law perspective
- ULO4: Investigate and analyse how the actors, institutions, and processes of international humanitarian law interact and operate in global governance
- ULO5: Demonstrate capacity for autonomous research by developing a project that critically analyses a contemporary issue or development in international law's approach to armed conflict
General Assessment Information
Late Assessment Penalty
Students should be aware of and apply the University policy on academic honesty.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – A penalty of 5% of the total possible mark (of the task) will be applied each day a written assessment is not submitted, until the 7th day. The 7 days includes weekends. After the 7th day, a grade of ‘0’ (zero) will be awarded even if the student submits the assessment. This is to allow for the release of assessment feedback to the remaining class.All assessments are due at 11.55pm.
Submission
All written assessments in the unit are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit to check all written assessments.
Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.
Format
All assessment tasks in this unit must be typed in Word format and be double spaced to facilitate marking in Turnitin.
Word Limits
Word limits are strictly applied. Work above the word limit will not be marked. Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.
Moderation
Detailed marking rubrics will be made available on iLearn. In addition, tutors will be provided with detailed marking guides to ensure consistency. All fail papers will be double marked. The Unit Convenor and Tutors will meet to review final grades for the unit.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Discussion Forums | 20% | No | Ongoing |
| Research Paper | 50% | No | 4/06/23 |
| Research Paper Proposal | 10% | No | 24/03/23 |
| Participation | 20% | No | Ongoing |
Discussion Forums
Assessment Type 1: Non-academic writing
Indicative Time on Task 2: 20 hours
Due: Ongoing
Weighting: 20%
Students will post blog-style contributions to discussion forums.
On successful completion you will be able to:
- Articulate and apply the general characteristics and principles of international humanitarian law, and the global governance structures that address armed conflict
- Evaluate past and present international developments in the area of humanitarian law, and analyse, interpret, and critique such developments from an international law perspective
- Investigate and analyse how the actors, institutions, and processes of international humanitarian law interact and operate in global governance
Research Paper
Assessment Type 1: Essay
Indicative Time on Task 2: 35 hours
Due: 4/06/23
Weighting: 50%
Students are required to submit a research paper that critically analyses international humanitarian law
On successful completion you will be able to:
- Articulate and apply the general characteristics and principles of international humanitarian law, and the global governance structures that address armed conflict
- Evaluate past and present international developments in the area of humanitarian law, and analyse, interpret, and critique such developments from an international law perspective
- Research, analyse, synthesise, and interpret legal principles from international legal sources relevant to international humanitarian law
- Investigate and analyse how the actors, institutions, and processes of international humanitarian law interact and operate in global governance
- Demonstrate capacity for autonomous research by developing a project that critically analyses a contemporary issue or development in international law's approach to armed conflict
Research Paper Proposal
Assessment Type 1: Plan
Indicative Time on Task 2: 10 hours
Due: 24/03/23
Weighting: 10%
Students required to develop and submit a research question and proposal for an independent research paper.
On successful completion you will be able to:
- Research, analyse, synthesise, and interpret legal principles from international legal sources relevant to international humanitarian law
- Demonstrate capacity for autonomous research by developing a project that critically analyses a contemporary issue or development in international law's approach to armed conflict
Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 20 hours
Due: Ongoing
Weighting: 20%
Students will be required to contribute to the participation projects including a semester-long role play involving military decision making where they will be assessed on their ability to apply the rules of war, and assessed on contribution to class discussion about these rules.
On successful completion you will be able to:
- Articulate and apply the general characteristics and principles of international humanitarian law, and the global governance structures that address armed conflict
- Investigate and analyse how the actors, institutions, and processes of international humanitarian law interact and operate in global governance
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
There will be a weekly 2 hour F2F lecture for this unit, which will be recorded, and available to all students. It will be followed by a 1 hour tutorial on the topic for internal students, and online classes offered for those enrolled in that option, or where required for those that have not been able to enrol online and cannot attend campus safely. Both lectures and tutorials will commence from week 1, though week 1 classes will be an introduction to the expectations of the unit.
Required Readings
There is no set textbook for this unit. Required readings will be available on Leganto and iLearn. Engagement with these readings will be necessary for effective contributions to the assessments, and in particular the online discussion forums will require demonstrated engagement with the recommended readings on Leganto, though there is flexibility on which of those readings is chosen.
Recommended Readings
While all readings for the unit will be made available on Leganto, including recommended readings, the following books provide excellent overview of the subject as a whole:
- Dieter Fleck, The Handbook of International Humanitarian Law (OUP, 3rd ed, 2013)
- Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge University Press, 3rd ed, 2016)
- Yoram Dinstein, Non-International Armed Conflicts in International Law (Cambridge University Press, 2014)
- Andrew Clapham and Paola Gaeta (eds), The Oxford Handbook of International Law in Armed Conflict (OUP, 2015)
- Rain Livoja and Tim McCormack (eds), Routledge Handbook of the Law of Armed Conflict (Routledge, 2016)
Other recommended readings per topic will be provided on iLearn.
All Unit requirements and a weekly teaching schedule are outlined in iLearn.
All assessments are to be submitted electronically via Turnitin.
Unit Schedule
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Session 1 |
LAWS5087 |
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Week 1 |
Introduction to International Humanitarian Law: History, Theory, and Scope |
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Week 2 |
International v Non-International Armed Conflict |
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Week 3 |
Lawful Combatants |
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Week 4 |
Civilians and Civilian Objects in Armed Conflict |
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Week 5 |
Protected Persons |
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Week 6 |
Methods of Armed Conflict |
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Week 7 |
Means of Warfare |
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Week 8 |
The Role of the Red Cross/Red Crescent Movement |
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Week 9 |
Protection of the Environment
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Week 10 |
Protection of Cultural Heritage
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| Week 11 | Implementation and Enforcement |
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Week 12 |
Prosecuting War Crimes: The Role of International Criminal Law |
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Week 13 |
The Future of IHL |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Assessment Procedure
- Complaints Resolution Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Academic Integrity
At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
The Writing Centre
The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.
- Workshops
- Chat with a WriteWISE peer writing leader
- Access StudyWISE
- Upload an assignment to Studiosity
- Complete the Academic Integrity Module
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Macquarie University offers a range of Student Support Services including:
- IT Support
- Accessibility and disability support with study
- Mental health support
- Safety support to respond to bullying, harassment, sexual harassment and sexual assault
- Social support including information about finances, tenancy and legal issues
- Student Advocacy provides independent advice on MQ policies, procedures, and processes
Student Enquiries
Got a question? Ask us via AskMQ, or contact Service Connect.
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Unit information based on version 2023.01R of the Handbook