Outline

Overview

This unit explores how international law has confronted terrorist violence from the mid-19th century to the present, including under transnational and international criminal law, the law on the use of military force, the law of armed conflict, human rights law, measures adopted by the United Nations Security Council and General Assembly, and the law of state responsibility. It considers controversies about the (in)adequacy of the law in areas such as ï¿½targeted killings' (or extrajudicial assassinations?), aerial drones, detention and trial of suspects, ï¿½irregular renditions' (illegal abductions?), ï¿½enhanced interrogation' (torture?), ï¿½shoot to kill' policies, foreign terrorist fighters and citizen stripping, mass surveillance and privacy, and public emergency laws. Selected regional laws (in Europe, the Americas, Asia and Africa) and national laws (particularly in Australia, the UK and the US) implementing international obligations are also considered. The study of terrorism, and the law's response to it, is ultimately a study of when violence is justified, against whom, and for what purposes ï¿½ whether it is ï¿½freedom fighters' or ï¿½state terrorism', or extreme religious challenges to secular norms, at issue.

Unit details and rules

Unit code	LAWS6856
Academic unit	Law
Credit points	6
Prohibitions ?	CISS6011 or LAWS3483
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	Students should have either completed LAWS6243 International Law I or have an understanding in at least one of the following areas: public or a specialised area of international law or criminal law or criminology or human rights or security and conflict studies acquired through university studies and/or relevant professional experience.
Available to study abroad and exchange students	No

Teaching staff

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

Type	Description	Weight	Due	Length
Assignment	Option 1: Essay (60%) and Problem Assignment (40%) Essay (60%)	0%	- Due date: 02 Nov 2020 at 16:00	5000 words
Outcomes assessed:
Assignment	Option 1: Essay (60%) and problem assignment (40%) Problem Assignment (40%)	0%	- Due date: 23 Nov 2020 at 16:00	3000 words
Outcomes assessed:
Assignment	Option 2: Essay Only Essay (100%)	0%	- Due date: 23 Nov 2020 at 16:00	8000 words
Outcomes assessed:
Assignment	Option 3: Problem Assignment Only Problem Assignment (100%)	0%	- Due date: 23 Nov 2020 at 16:00	6000 words
Outcomes assessed:

Assessment summary

Option 1: Essay and Assignment: Students choosing this option must submit a 5000 word essay, worth 60% as well as a problem based take home assignment, worth 40%.
Option 2: Essay Only: Students choosing this option must submit an 8,000 word essay, worth 100%.
Option 3: Assignment Only: Students choosing this option must submit this assignment which involves a problem question and short answers. It will contribute 100% of the final grade.

Detailed information for each assessment can be found on Canvas.

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 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. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
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 sydney.edu.au/students/guide-to-grades.

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.

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.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
-	1. The international response to terrorism before 9/11; 2. International counter-terrorism after 9/11: UN Security Council; 3. Defining terrorism: reasons for, and elements of; 4. Exceptions to a definition of terrorism: is terrorism ever justified?	Lecture and tutorial (7 hr)
	1. Law on the use of force 1: self-defence against terrorist groups; 2. Law on the use of force 2: pre-emption; collective security; 3. Law of armed conflict 1: classifying ‘wars’ on terror; 4. Law of armed conflict 2: categorising ‘terrorists’	Lecture and tutorial (7 hr)
	1. Law of armed conflict 3: targeting for participation in hostilities; 2. Law of armed conflict 4: security detention, war crimes, trial; 3. Human rights 1: extraterritoriality, armed conflict, limitations, derogation, UN charter supremacy, ‘balancing’ rights and security; 4. Human rights 2: specific rights: life, rendition, torture	Lecture and tutorial (7 hr)
	1. Australian responses 1: criminal law responses; 2. Australian responses 2: prevention, control, surveillance; 3. Australian responses 3: foreign fighters, migration, citizenship; 4. Australian responses 4: sedition, advocacy, censorship, speech	Lecture and tutorial (7 hr)

Attendance and class requirements

Attendance: Please refer to information on Canvas.

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; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use 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 library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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 the Library eReserve, available on Canvas.

Recommended Reading

Ben Saul (ed), Research Handbook on International Law and Terrorism (Edward Elgar, UK, 2020) (online in the library)

Further Resources

For extensive links to United Nations materials on terrorism:

United Nations action against terrorism: see www.un.org/terrorism

For a comprehensive collection of primary legal materials on terrorism:

Ben Saul (ed), Documents in International Law: Terrorism (Hart, Oxford, 2012)

For an overview of terrorism and international law:

Helen Duffy, The War on Terror and the Framework of International Law (2nd ed, Cambridge University Press, Cambridge, 2015)

For a practitioner-oriented overview of terrorism and international law:

Arvinder Sambei, Anton du Plessis and Martin Polaine, Counter-Terrorism Law and Practice: An International Handbook (Oxford University Press, Oxford, 2009)

For a ‘rule of law’ oriented analysis of terrorism and international and foreign law:

Ana Maria Salinas de Frias, Katja Samuel and Nigel White (eds), Counter-Terrorism: International Law and Practice (OUP 2012)
E Stubbins Bates / IBA Taskforce (eds), Terrorism and International Law: Accountability, Remedies and Reform (OUP 2011)

Books on particular areas of terrorism and international law:

B Saul, Defining Terrorism in International Law (OUP 2006)
G A Bianchi (ed), Enforcing International Law Norms against Terrorism (Hart 2004)
J Boulden and T Weiss (eds), Terrorism and the UN: Before and After September 11 (University of Indiana Press 2004)
P Van Krieken (ed), Terrorism and the International Legal Order (Asser 2002)
W Heere (ed), Terrorism and the Military: International Legal Implications (Asser 2003)
A Bianchi and A Keller (eds), Counter-Terrorism: Democracy’s Challenge (Hart 2008)
D Moeckli, Human Rights and Non-Discrimination in the ‘War on Terror’ (OUP 2008)
Richard Wilson (ed), Human Rights in the ‘War on Terror’ (CUP 2005)
O Gross & F Ní Aoláin, Law in Times of Crisis: Emergency Powers in Theory and Practice (Cambridge University Press, Cambridge, 2006)
V Ramraj (ed), Emergencies and the Limits of Legality (CUP 2008)
K Trapp, State Responsibility for International Terrorism (OUP 2011)

For an overview of selected foreign domestic counter-terrorism laws:

V Ramraj, M Hor, K Roach and G Williams (eds), Global Anti-Terrorism Law and Policy (2nd ed, CUP 2012)
G Lennon and C Walker (eds), Routledge Handbook of Law and Terrorism (2015)
C Walker, Terrorism and the Law (OUP 2011) [UK law]

On Australian counter-terrorism laws:

Australian Government, ‘National security and counter-terrorism law’
Australian Government, ‘Review[s] of Australia’s counter-terrorism laws’
A Lynch, N McGarrity and G Williams, Inside Australia’s Anti-Terrorism Laws and Trials (UNSW Press 2015) [library online]

A Lynch, E MacDonald and G Williams (eds), Law and Liberty in the War on Terror (Federation Press 2007)

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. know well the content of the law in each of the topic areas
LO2. apply advanced legal analysis and reasoning skills
LO3. understand and critique the processes of anti-terrorism law making
LO4. evaluate the strengths and limitations of anti-terrorism laws
LO5. demonstrate awareness of the political, ideological, ethical and philosophical implications of terrorism laws
LO6. identify the sources of terrorism laws and be able to research further in the area
LO7. utilize enhanced skills of legal research and writing in anti- terrorism laws (and be able to use research methods 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

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

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

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6856: Anti-Terrorism Law

Intensive November, 2020 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect