Prosecuting the War on Terror

Subject LAWS70327 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

May, 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: Not available
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.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

  • Principal topics will include:

    • 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 (US) 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: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

Download PDF version.