LAW 7303OL - Advanced Military Operations Law

Online - Semester 1 - 2022

Enrolment in this course is restricted to persons nominated by the Commonwealth. This course offers students the capacity to understand and apply: - the ADF Rules of Engagement process at the strategic level and its relationship to the strategic planning process - the processes and framework for Australia's international engagement as relevant to the Defence Force - the process and Constitutional law principles and issues of the Defence Aid to Civil Community and Defence Force Aid to the Civil Power regime at the strategic level including State/Territory Federal relationships, consultative mechanisms and the role of the CDF - the higher level application of international law effecting the general obligations of the State as relevant to the ADF and the overall strategic management of ADF operations - the treaty ratification process including in particular the ADF role and the formulation of National Impact Assessments - higher level United Nations processes and law - ethical and doctrinal concepts and their relationship to applicable law - the international Status of Forces Agreement process and practice, including jurisdictional issues, and cross servicing arrangements.

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Course Details

Course Code	LAW 7303OL
Course	Advanced Military Operations Law
Coordinating Unit	Adelaide Law School
Term	Semester 1
Level	Postgraduate Coursework
Location/s	Online
Units	3
Contact	Intensive (total 36 hours)
Available for Study Abroad and Exchange
Restrictions	Enrolment in this course is restricted to persons nominated by the Commonwealth
Assessment	Quiz, Short-answer take-home exam, Essay

Course Staff

Course Coordinator: Professor Dale Stephens

Course Timetable

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

Course Learning Outcomes

1. Analyse, interpret and apply international and Australian law applicable to the use of force, including international and regional humanitarian operations.
2. Appreciate the relevant provisions of international humanitarian law, especially the Geneva Conventions and Protocols, as they apply to contemporary aspects of military operations.
3. Provide advice on complex military operational law matters without supervision.
4. Analyse critically the law applicable to Defence in order to identify and resolve complex issues affecting ADF operations and to make recommendations for change to the law where appropriate.
5. Undertake self-directed research into military operations law matters.
6. Appreciate the social, ethical and moral context of providing legal advice in ADF operations.

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)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1,2,3,4,6
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1,2,3,4,5
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3,4
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	4,6
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	4
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	2,6
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	5
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	4,6

Learning & Teaching Activities

Learning & Teaching Modes

Learning and Teaching Actvities amounting to 36 hours (across lecture, seminar and structured learning activity formats) will be offered to students in this course.

Workload

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

156 hours total.

Learning Activities Summary

The course will consist of lectures presented in a seminar format over the intensive teaching period. There will be problem solving tasks introduced through the week as well as more general group discussion and advocacy on emerging areas of policy, ethical and legal interest in the field. The course will be taught intensively over 5 days with structured learning activities required to be completed in advance of the intensive classes. Details of the course structure will be publsihed to students on MyUni in advance of the course, but cannot be confirmed at this stage pending negotiations with the military Law Centre regarding their priorities for issues to be addressed in the course.

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

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

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable in exam?	Learning Outcomes
Quiz	10	End of week of course	10 qns	Individual	N/A	1,3,5,6
Problem Qn	40	Third Monday following the course (11 April 2022)	2500 words	Individual	N/A	1,2, 4,5
Essay	50	Fifth Friday following course (29 April 2022)	4000 words	Individual	N/A	1,2,3,4,6

Assessment Detail

The course will comprise three assessment pieces:

1. Quiz 10% (online) - a multiple choice quiz.

2. Problem (2500 words) 40% - due the third Monday following the completion of the course.

3. Research Essay (4000 words) 50% - due the fifth Friday following the completion of the course.

The Quiz will include a pool of 15 - 20 questions of which 10 will be randomly selected dealing with any aspect of the course that has been taught.

The Problem question will deal with a complex problem that assimilates multiple issues that have been covered in course.

The Research paper comprises the bulk of the assessment. This is the opportunity for students to investigate and reflect upon deeper areas of legal, policy and ethical content relating to issues that have been raised in the course. While students will be free to design any relevant (and approved) topic they would like to pursue, a range of pre-approved topics will also be presented to enable students to gauge their interest and motivation regarding particular issues. All essay topics (not on the pre-approved list) must be approved by Prof Dale Stephens (or his delegate) preferably by the last day of the course.

Submission of all assignments MUST be through the Turn it In submission page.

Submission

Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.

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.

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

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

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.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator