LAW 7168 - Selected Issues - Military Operations Law

North Terrace Campus - Semester 1 - 2014

This course provides a comprehensive overview of the legal framework for the conduct of military operations drawing on both national and international law. Topics covered will include assessment of the constitutional and legislative capacities of the Australian Defence Force (ADF) to undertake law enforcement operations within Australia and more general military operations overseas, domestic counter-terrorist powers under Part IIIAAA Defence Act `call out' provisions, Rules of Engagement and their status under law, executive and legislative boundaries on the deployment of the ADF, use of force and self defence issues, legal interoperability challenges with coalition partners, UN sanctions enforcement, UN Peace Operations and Security Council Mandate interpretation, Maritime Security with particular emphasis on freedom of navigation and coastal state security issues under law and ethical responsibilities of Government lawyers in dispensing advice in the conduct of operations.

  • General Course Information
    Course Details
    Course Code LAW 7168
    Course Selected Issues - Military Operations Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Course Description This course provides a comprehensive overview of the legal framework for the conduct of military operations drawing on both national and international law. Topics covered will include assessment of the constitutional and legislative capacities of the Australian Defence Force (ADF) to undertake law enforcement operations within Australia and more general military operations overseas, domestic counter-terrorist powers under Part IIIAAA Defence Act `call out' provisions, Rules of Engagement and their status under law, executive and legislative boundaries on the deployment of the ADF, use of force and self defence issues, legal interoperability challenges with coalition partners, UN sanctions enforcement, UN Peace Operations and Security Council Mandate interpretation, Maritime Security with particular emphasis on freedom of navigation and coastal state security issues under law and ethical responsibilities of Government lawyers in dispensing advice in the conduct of operations.
    Course Staff

    Course Coordinator: Professor Dale Stephens

    Associate Professor Dale Stephens CSM (Course Coordinator)
    Room 2.17, Ligertwood Building
    Email: dale.stephens@adelaide.edu.au Phone: 08 8313 5937
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    2.1 COURSE Learning Objectives
    International Security Law deals with the question of the use of force between States in accordance with international law.

    This course aims to enable students:
    1. to understand the nature of national security law and the structure of the domestic and international legal system in relation to military operations;
    2. to understand the Constitutional framework of the Australian Defence Force (ADF);
    3. to understand the law enforcement capacities of the ADF in relation to offshore activities (Fisheries, Customs, Migration, Piracy);
    4. to understand the emerging transnational counter-terrorist legal framework and the associated ‘call out’ provisions of Part IIIAAA of the Defence Act;
    5. to examine the internal regulatory framework of ADF operational control and management including particular attention the place and significance of ‘rules of engagement’;
    6. to examine the application of domestic and international criminal legal regimes to operations short of armed conflict;
    7. to develop an understanding of the UN system of sanctions enforcement and the interplay Constitutional and Commercial Legal Frameworks applicable to weapons acquisition within Australia;
    8. to successfully apply existing international legal frameworks to military, naval and air operations;
    9. to critically examine the cultural and institutional framework for the delivery of operational legal advice.
    10. to develop effective skills, both orally and in writing, in the construction of legal argument and analysis on issues of the law applicable to military operational law;
    11. to undertake self-directed international legal research at a high level, including through the use of online technologies.
  • Learning Outcomes
    Course Learning Outcomes
    International Security Law deals with the question of the use of force between States in accordance with international law.

    This course aims to enable students:
    1. to understand the nature of national security law and the structure of the domestic and international legal system in relation to military operations;
    2. to understand the Constitutional framework of the Australian Defence Force (ADF);
    3. to understand the law enforcement capacities of the ADF in relation to offshore activities (Fisheries, Customs, Migration, Piracy);
    4. to understand the emerging transnational counter-terrorist legal framework and the associated ‘call out’ provisions of Part IIIAAA of the Defence Act;
    5. to examine the internal regulatory framework of ADF operational control and management including particular attention the place and significance of ‘rules of engagement’;
    6. to examine the application of domestic and international criminal legal regimes to operations short of armed conflict;
    7. to develop an understanding of the UN system of sanctions enforcement and the interplay Constitutional and Commercial Legal Frameworks applicable to weapons acquisition within Australia;
    8. to successfully apply existing international legal frameworks to military, naval and air operations;
    9. to critically examine the cultural and institutional framework for the delivery of operational legal advice.
    10. to develop effective skills, both orally and in writing, in the construction of legal argument and analysis on issues of the law applicable to military operational law;
    11. to undertake self-directed international legal research at a high level, including through the use of online technologies.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,2,3,4,5,6,7,8,9,10
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1,2,3,4,5,6,7,8,9,10
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 3,4,8,10
    Skills of a high order in interpersonal understanding, teamwork and communication. 1,2,3,8,9,10
    A proficiency in the appropriate use of contemporary technologies. 9,10
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 3,4,5,6,7,9
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 9
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1,2,4,8,9
  • Learning Resources
    Required Resources
    No required textbook. Students should consult with MyUni to access relevant materials that will be placed there.
    Recommended Resources
    N/A
    Online Learning
    MyUni will be used to post announcements, additional lecture materials (including slides, and where available, recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile and Course Materials.
    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Classes in this course will be held on Monday - Friday from 10:00am to 4:00pm each day. There will be an hour’s break for lunch, and a shorter break each morning and afternoon
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Attending all seminars (unless otherwise excused), have read mandatory reading before class, prepared to contribute to class discussion.
    Learning Activities Summary
    Day 1: Welcome and Introduction; Concepts of Security; Overview of National and International Security Framework, Constitutional Authority and Restraints on ADF Operational Capacities; Legislative Framework for ADF Operations – Domestic and International.

    Day 2: Counter-terrorism framework in Australia, Executive Authority and Rules of Engagement, Part IIIAAA Defence ‘call out’ powers and obligations.

    Day 3: Use of Force and Self Defence under National and International Law, UN Security Framework, Peace Operations, Sanctions Enforcement, Maritime and Air Operations under international law.

    Day 4: Panel Discussion on National Security and Human Rights; Cultural and Institutional Role of Government Legal Advisors; Future National Security Threats, Critical Perspectives on National Security Law and the Conduct of Military Operations.

    Day 5: In class presentations; wrap up.
    Specific Course Requirements
    There are no additional requirements for this course.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Item % of Final Mark Due Date
    Class Participation 10%

    Ongoing

    In Class Presentation 25%

    16/05

    Assignment (5500 words) 65% 20/06

     

    Please Note: All written work in the Law school is required to comply with The Australian Guide to Legal Citation available at http://www.law.adelaide.edu.au/library/research/

    The class comprises law and non-law graduates. Although the assessment tasks are the same for all students in the course, students will be assessed according to whether they are law or non-law graduates respectively. This will be done by taking into account the extent to which some aspects of the task involve the exercise of skills that law graduates can be expected to have practiced or refined over a longer period or to a greater degree than their non-law counterparts, and therefore a higher standard of performance may legitimately be expected from the law graduates in the course.



    Assessment Related Requirements
    Written assignments must be typed on double-spaced A4 paper with a 10 or 12 point font such as Arial or Times New Roman, and should be printed double-sided where possible, for environmental reasons. Legible hand-writing (where applicable) and the quality of English expression are considered to be integral parts of the assessment process. Marks may be deducted in any class test because of poor hand-writing, and marks may be deducted in any written assessment because of spelling, grammar and presentation.
    Assessment Detail
    The assessment is designed to facilitate open and frank exchange of views on the nature and application of the Use of Force under international law and to motivate students to adopt and defend considered positions.

    Class participation accounts for 10% of the overall grade. The course will spend considerable time addressing technical legal issues associated with weapons development, acquisition and deployment, but will also promote more critical thinking relating to the role of law in regulating armed conflict. This necessary requires that attention be paid to assessing broader social, political and moral commitments that underpin weapons use and deployment in armed conflict. Students will be encouraged to adopt an inter-disciplinary approach to tackling broader social, ethical, political and moral issues inherent in decision making made in the context of armed conflict. .

    Students will be required to provide a short (10 minute) presentation relating to a particular weapons review. Students will be taught the skills necessary to undertake this exercise. This will account for 25% of their overall grade. Students may use this short presentation to hone arguments that will be used in their long assessment paper or to use the opportunity to address a discrete area of interest that may not ultimately feature in their long paper.

    The majority of the course grade will come from a 5000 word essay (long paper). While students will be free to design any relevant (and approved) topic they would like, selected possible topics will be presented cumulatively through the course for consideration and must be finalised by the last day of the course. Such developed topics/questions will follow the threads of discussion that have developed during the course.
    Submission
    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically through Turnitin. By submitting your assignment electronically you are agreeing to the following:

    I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.

    Details for electronic submission through Turnitin will be provided with the assignment instructions.

    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    Extensions: Requests for extensions must be made via email to the course coordinator.

    Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Penalties:

    1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.

    2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    GS8 (Grading Scheme)

    Grade

    Description

    FNS

    Fail No Submission

    F

    Fail

    NGP

    Non Graded Pass

    P

    Pass

    C

    Credit

    D

    Distinction

    HD

    High Distinction

     

    Further details of the grades/results can be obtained from: http://www.adelaide.edu.au/student/exams/

     

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level (see: http://www.adelaide.edu.au/policies/700/ )

     

    Final results for this course will be made available through Access Adelaide (https://access.adelaide.edu.au/sa/login.asp)

     

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines
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