Outline

Overview

A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets under way. This unit explores two key areas of international law devoted to regulating intense violence involving governments or non- State actors: (1) International Law on the Use of Armed Force, and (2) International Humanitarian Law (also known as the Law of Armed Conflict or the Laws of War). The first part of the course considers the prohibition on the use of force under customary law and the United Nations Charter; exceptions to that prohibition in cases of self-defence by States or collective security action by the UN Security Council; controversies over pre-emptive self-defence, humanitarian intervention and the "Responsibility to Protect"; peacekeeping and peace enforcement; the role of regional and international actors; and the use of force by and against non-State actors. The second part of the course considers the origins, purposes and sources of international humanitarian law; its scope of application; the different types and thresholds of conflict; the permissible means and methods of warfare (including restrictions on weapons); the status and treatment of combatants and non-combatants and others (such as spies, mercenaries, "unlawful combatants", "terrorists", journalists, and "private security contractors"); the protection of cultural property and the environment; the relationship between human rights law and humanitarian law; and the implementation, supervision and enforcement of humanitarian law (including the prosecution of war crimes and the role of the International Committee of the Red Cross).

Details

Academic unit	Law
Unit code	LAWS5183
Unit name	War Law: Use of Force and Humanitarian Law
Session, year ?	Semester 1, 2021
Attendance mode	Normal day
Location	Camperdown/Darlington, Sydney
Credit points	6

Enrolment rules

Prohibitions ?	LAWS3440 or LAWS3086 or LAWS3483 or LAWS6218 or LAWS6062
Prerequisites ?	None
Corequisites ?	None
Available to study abroad and exchange students	Yes

Teaching staff and contact details

Coordinator	Ben Saul, ben.saul@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Assignment - problem-based Problem based question	70%	Formal exam period Due date: 21 Jun 2021 at 16:00	3500 words
Outcomes assessed:
Assignment	Short essays 3 x short essay questions	30%	Week 08 Due date: 26 Apr 2021 at 16:00	2500 words
Outcomes assessed:
= hurdle task ?

Assignment – short essays: This assessment covers only international law on the use of force as covered in weeks 1-4. There are three equally weighted short essay questions. Released 26 March 9 am. Due 26 April 4 pm.
Assignment – problem question: This assessment covers only international humanitarian law as covered in weeks 6-11. There is a single problem-based question.Released 21 May 9 am. Due 21 June 4 pm.

A student must make a satisfactory attempt at all assessment tasks set out for this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Special consideration

If you experience short-term circumstances beyond your control, such as illness, injury or misadventure or if you have essential commitments which impact your preparation or performance in an assessment, you may be eligible for special consideration or special arrangements.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Weekly schedule

WK	Topic	Learning activity
Week 01	1. History of the legality/illegality of war; 2. The prohibition on the use of force	Seminar (4 hr)
Week 02	1. Self-defence against states and attribution; 2. Self-defence against non-state actors; 3. Necessity and proportionality	Seminar (4 hr)
Week 03	1. Anticipatory/pre-emptive self-defence; 2. Invitation and consent: intervention in civil wars	Seminar (4 hr)
Week 04	1. Collective security; 2. Humanitarian intervention and responsibility to protect	Seminar (4 hr)
Week 06	1. Introduction to IHL, its history and sources; 2. Types of armed conflict	Seminar (4 hr)
Week 07	1. Types of armed conflict; 2. Classifying the actors	Seminar (4 hr)
Week 08	Conduct of hostilities: principles and methods of war	Seminar (4 hr)
Week 09	Conduct of hostilities: means of warfare - weapons	Seminar (4 hr)
Week 10	1. The law applicable to occupation; 2. Relationship to human rights law	Seminar (4 hr)
Week 11	Implementation and enforcement - criminal law	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will: Exclude: bibliography; footnote numbers; cover page and Include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University’s graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. understand the substantive law in each of the topic areas
LO2. develop stronger skills of advanced legal analysis and reasoning
LO3. discuss the strengths and limitations of the relevant law
LO4. understand the political, ideological, ethical and philosophical implications of the law
LO5. outline the sources of the law and be able to research further in the area
LO6. develop enhanced skills of legal research and writing, including the ability to write in a clear and logical manner, using plain and concise language.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Closing the loop

No changes have been made since this unit was last offered.

Additional information

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Current students

Overview

Details

Enrolment rules

Teaching staff and contact details

Assessment

Assessment criteria

Late submission

Special consideration

Academic integrity

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Graduate qualities

Outcome map

Closing the loop

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5183: War Law: Use of Force and Humanitarian Law

Overview

Details

Enrolment rules

Teaching staff and contact details

Assessment

Assessment criteria

Late submission

Special consideration

Academic integrity

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Graduate qualities

Outcome map

Closing the loop

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect