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  2. Terrorism and the Law [LAW2600]

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Terrorism and the Law

  • Unit Code

    LAW2600

  • Year

    2015

  • Enrolment Period

    1

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit involves a detailed examination of international and domestic legislative responses to terrorism. Students will examine the role and means by which the United Nations and security organisations respond to terrorist acts, including the conflict between demands for tighter security with historical common law rights and freedoms. Key international responses to terrorism will be covered including invasion of privacy, detention for questioning, detention without trial, torture, use of pre-emptive strikes and the suppression of the financing of terrorism.

Prerequisite Rule

Students must pass 120 credit points

Equivalent Rule

Unit was previously coded LAW5607

Learning Outcomes

On completion of this unit students should be able to:

  1. Describe the implications of detention without trial and torture for human rights, for example the detention without charge or trial of inmates at Guantanomo Bay.
  2. Describe the key factors that make a country or region a major source of world terrorism, for example the Middle East.
  3. Evaluate political/legal events in Australia and elsewhere in relation to specific acts of terror, for example the events of 11 September 2001.
  4. Identify and explain the role of international law, extra-territorial criminal law and military law in terrorism.
  5. Identify common responses by Western democracies to acts of terror and explain the implications of these responses in view of historical common law rights and freedoms.
  6. List and explain key factors for why people resort to acts of terror.
  7. Outline and describe Australia's legislative and political response to acts of terrorism.
  8. Outline international efforts to suppress the financing of terrorism.
  9. Outline the origins of terrorism.
  10. Outline the response of the United Nations and other international organisations to acts of terrorism.

Unit Content

  1. Australia's domestic legal responses to terrorism.
  2. Detention without trial, detention for questioning, violations of the laws and customs of war, right to trial and the use of torture; including the implications arising from the detention of 'enemy combatants' at Guantanamo Bay.
  3. History of terrorism.
  4. International law, extra-territorial criminal law and military law.
  5. Sources of world terrorism, including the Middle East.
  6. Suppressing the financing of terrorism.
  7. Terrorism in Asia and South-East Asia, including pre-emptive strikes, co-operation and exchange of information.
  8. The United Nations, international conventions and treaties and the International Criminal Court.
  9. The future.
  10. Why people resort to acts of terror.

Additional Learning Experience Information

Lectures, workshops, case studies and practical exercises. On-campus students will attend campus weekly - divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication. Off-campus students will access the unit via Blackboard and will participate online. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
EssayResearch Paper25%
Tutorial PresentationPresentation Participation including completion of work journal25%
ExaminationWritten Examination50%
ONLINE
TypeDescriptionValue
EssayResearch Paper25%
ParticipationOnline discussion, participation and completion of online work journal25%
ExaminationWritten Examination50%

Text References

  • ^ Duffy, H., (2005). The 'War on Terror' and the framework of international law. New York: Cambridge University Press.

Website References

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

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