LLB350 The Law and Ethics of War


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Unit Outline: Semester 1 2025, Gardens Point, Internal

Unit code:LLB350
Credit points:12
Pre-requisite:LLH201 or LWB146
Coordinator:Andrew Garwood-Gowers | a.garwood-gowers@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

In an increasingly globalised world it is important for legal professionals to understand how to identify, evaluate and apply the relevant law in international contexts and appreciate how international law can affect Australia's international activities and its domestic legal system. This general elective unit provides you with opportunities to further develop critical-thinking, problem-solving and communication skills.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Demonstrate an understanding of relevant legal and ethical principles applicable to the use of force and the conduct of hostilities (Course Learning Outcomes 1.4, 1.5)
  2. Critically analyse and apply relevant legal and ethical rules to selected issues and contexts to formulate responses to contemporary problems (CLOs 2.1, 2.2, 2.3, 2.4)
  3. Manage and complete a research paper by using an appropriate research methodology, involving the selection and appraisal of relevant legal, ethical and policy sources (CLOs 3.1, 3.2, 3.3, 3.4, 5.3), and
  4. Communicate your analysis and reasoning effectively in written form (CLOs 4.1, 4.2)

Content

The content of this unit includes a range of selected topics such as:

  • historical development of the jus ad bellum and its key principles (the prohibition of the use of force and the exceptions of self-defence and collective security)
  • contemporary debates over pre-emptive self-defence, the use of force against non-state terrorist actors, and the responsibility to protect (R2P)
  • key legal and ethical rules of international humanitarian law, including the protection of non-combatants and restrictions on the means and methods of warfare.

Learning Approaches

This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include: 

  • Engagement with online materials 
  • Discussions on Canvas and in live workshops
  • Collaboration with peers and experts to network and share your understandings 

Feedback on Learning and Assessment

Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through a range of sources such as:

  • discussions in workshops
  • online materials
  • the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
  • generic feedback posted on the unit's Canvas site for each item of assessment
  • examples of past student assessment, and
  • the option of consultation with a member of the teaching team.

Assessment

Overview

Assessment in this unit is both formative and summative. Assessment items are designed to develop your professional skills in critical thinking, problem-solving and communication. In this unit, students are graded on a scale of one to seven.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Research Paper

You will complete a research paper on a contemporary legal or ethical issue in the jus ad bellum or jus in bello or other topic from the unit. This may the take the form of a legal opinion or submission to a relevant government department such as the Department of Foreign Affairs and Trade.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 40
Length: 2000 words
Individual/Group: Individual
Due (indicative): Week 8
Related Unit learning outcomes: 3, 4

Assessment: Examination (theory)

End-of-semester invigilated examination covering the topics from the unit. It may involve problem-solving questions and/or essay-style questions.

Weight: 60
Individual/Group: Individual
Due (indicative): During central examination period
Central exam duration: 3:10 - Including 10 minute perusal
Related Unit learning outcomes: 1, 2, 3, 4

Academic Integrity

Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.

The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.

Resources

Prescribed
There is no prescribed textbook for this unit, but students are strongly advised to have access to one of the recommended texts listed below.

Recommended
Olivier Corten, The Law Against War (Bloomsbury, 2nd ed, 2021)
Christine Gray, International Law and the Use of Force (Oxford University Press, 4th ed, 2018)
Yoram Dinstein, War, Aggression and Self-Defence (Cambridge University Press, 6th ed, 2017)

A range of other reading materials and resources will be provided throughout the unit.

Risk Assessment Statement

There are no unusual risks in this unit.