Prosecuting the War on Terror

Subject LAWS70327 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

February, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Tim Mccormack

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:
  • Challenges of prosecuting terrorist offences
  • Alternative trial proceedings
  • US criminal law and counter-terrorism legislation
  • Terrorism trials before US civilian courts
  • US Military Commissions - establishment, subject matter jurisdiction and trial procedures
  • Trials before US Military Commissions
  • Decision to close the Commissions and options for future cases.
Objectives:

A student who has successfully completed this subject should:

  • Understand the alternative legal frameworks for the prosecution of terrorist offences in the United States and the underlying policy grounds for each of them
  • Be conversant with US domestic counter-terror legislation, the relevant procedural standards in US domestic criminal trials and the leading US counter-terror cases
  • Be aware of the purported legal bases for the establishment of the US Military Commissions and be able to critically evaluate the US Supreme Court's jurisprudence in relation to the Commissions
  • Comprehend the major criticisms of the US Military Commissions (both substantive legal and policy criticisms) and be in a position to argue for or against those criticisms
  • Be aware of the case law of the US Military Commissions, including the proceedings against Australian David Hicks.
Assessment:

Take-home examination (100%) (23-26 April)
or
10,000 word research paper (100%) (27 May) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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