TE PIRINGA - FACULTY OF LAW
Laws of Armed Conflict and International Humanitarian Law 2014 Outline
1.
Identification of Paper
Paper: LAWS576-14A
This paper carries 30 points.
2.
Staffing
Associate Professor Claire Breen
(Convenor)
Professor Al Gillespie
Phone: 6037
Room: Law G.31
email: cbreen@waikato.ac.nz
availability: by appointment
Phone: 6438
Room: Law G.37
email: azg@waikato.ac.nz
availability: by appointment
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This paper is designed to provide the postgraduate student with an advanced understanding of
the basic principles of the Laws of Armed Conflict and International Humanitarian Law through an
examination of the principles of international law that are to be applied before, during, and after
armed conflict.
(b) Structure of the Paper
General
This is a semester paper. The teaching component comprises Students are required to attend a
weekly seminar which will be held on Tuesdays, 11.00-13.00, in LAW G.03 A detailed lecture
outline for this course may be found in Section C of this course outline.
4.
Learning outcomes
A student who has successfully completed this paper will be able to understand, analyse and
critique the laws, procedures and institutions which comprise the laws of armed conflict and to
understand, analyse and critique contemporary the law and practice of the laws of armed conflict.
5.
Workload
Students should expect to spend 300 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments and/or presentations.
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6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
Whilst there is no single recommended text for this paper, the Law Library holds a number of
highly relevant textbooks on armed conflict and humanitarian law such as:
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Detter, The Law of War (2013)
Dinstein, War, Aggression and Self-Defence (2011)
Dinstein, The Conduct of Hostilities under the alw of International Armed Conflict
(2010)
Gillespie, A History of the Laws of War (2011)
Solis, The Law of Armed Conflict (2010)
Sassoli and Bouvier, How Does the Law Protect in War (2006)
Chesterman, S, Just War or Just Peace? : humanitarian intervention and international
law (2002)
Moir, L, The Law of Internal Armed Conflict (2002)
Introductory chapters to IHL can be found in International Law texts such as
Ian Brownlie, Principles of Public International Law, (8th ed, OUP, Oxford: 2012)
D.J. Harris, Cases and Materials on International Law, (7th ed, Thomson/Sweet & Maxwell,
London: 2010)
R.M.M. Wallace and O. Martin-Ortega, International Law (6th ed, Thomson Reuters,
London: 2009)
A Cassese, International Law, (2ed OUP: 2005)
A Abass International Law: Text Cases and Materials (OUP, Oxford: 2012)
Students should also be familiar with the library’s international law journals, e.g., Journal of
conflict & security law, International and Comparative Law Quarterly, and the International
Commission of Jurists’ Review. The International Review of the Red Cross (available on line) is
particularly valuable.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa - Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
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without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa - Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa - Faculty of
Law Graduate and Postgraduate Handbook which is available from:
www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
An assignment template document including coversheet is available on the Law Student
Homepage http://www.waikato.ac.nz/law/student
b)
c)
Coursework: Final Examination Ratio: 100:0
Assessment Components
Component
Percentage of overall mark
Research Proposal
Research Project
Research Seminar Presentation
20%
70%
10%
Due date
Monday, 31 March 5pm
Friday, 27 June 5pm
to be arranged
Research Proposal (20%)
The research proposal should be 2,000 words in length and comprise:
A Topic and Thesis Statement. This sets out in one or two paragraphs the topic you intend to
research. The statement should open with the questions and issues which have stimulated your
interest in the topic followed by an explanation of why these questions merit the research in the
way you propose. The statement should include a tentative thesis statement in which you
articulate the propositions upon which your research paper is focused and any conclusions which
you anticipate may emerge from your research.
An Annotated Structural Outline: this comprises an annotated outline of the structure of the
proposed paper broken down into section headings. Under each heading you should provide a
short explanation of how this section of the paper relates to the purpose of your research and
your argument. Bear in mind the logic of the argument you want to make in support of the
conclusion you aim to draw in answering your research questions.
An Annotated Bibliography: this comprises an interim bibliography annotating the items of core
literature that appear to be relevant to your topic.
In some circumstances, additional material will be required, e.g., a timetable for the attainment of
different objectives, a section on methodology, or an outline of ethical issues.
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The research proposal is not binding. Research work inevitably keeps changing, right up to its
completion. The process of putting a proposal together verifies that you have found at least one
piece of work that appears to be viable, and have begun to think systematically about the issues it
raises.
You may be required to amend your research proposal to ensure that you are adequately
prepared to begin writing your research paper. The criteria involved in marking the proposal
include:
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Clarity of definition of the topic;
Logic, clarity and organisational structure of the outline;
Relevance of the annotated bibliography and quality of the annotations;
Proper use of the New Zealand Law Style Guide.
Research Paper (70%)
The research paper must be not shorter than 8,500 words and not longer than 9,500 words
(including footnotes). In this paper the student must demonstrate the ability to:
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Engage in a detailed and critical analysis of the law relevant to the topic;
Locate the topic in the relevant context(s);
Make appropriate comparisons, if relevant; and
Identify, discuss and analyse relevant core legal concepts.
Research Presentation (10%)
Students will be required to make a 15-20 minute presentation (20 minute limit strictly adhered
to) on their draft research paper in class and to answer any questions about it (total time for each
student presentation is 30 minutes). The presentation should demonstrate that you have
responded to comments on your proposal. It should include an outline of the topic, its core
questions, your research findings to date, and your argument.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(http://www.waikato.ac.nz/law/student ). See Te Piringa - Faculty of Law Graduate and
Postgraduate Handbook, available at www.waikato.ac.nz/law/graduate. Where practical, it is the
policy of Te Piringa - Faculty of Law to return marked work to students within five weeks of
submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper’s
Moodle site (from the participants list within the People block). Alternatively, you can email them
directly at help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
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provided, in terms of coherent and logical structure, and in terms of the fluency and accuracy of
expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Graduate Programmes Manual available from the Faculty of Law
Graduate website www.waikato.ac.nz/law/graduate/.) Failure to comply with requirements as to
the time deadlines for internal assessment without having successfully applied either for an
extension or special consideration with supporting evidence before the due date will result in
deduction of 2.5 marks for each day the work is late. Lateness of more than a week may result in
the work not being marked. No deadlines may be extended beyond two weeks after the last
teaching day of the semester(s) in which the paper is taught as final grades must go to the Board
of Examiners at this time. Unless an extension in writing has been granted, a lecturer may refuse
to accept a piece of work which is submitted after the specified date, and automatically award it
no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Chief Examiner or nominee. Students should not submit the extension form to the
lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or
serious personal accidents or circumstances. Please note that too many assignments due at the
same time is NOT an acceptable reason, neither are claims that computers and/or printers have
crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the supervening event occurred. It will be important to consider if the grant of
the extension will give the student in question an unfair advantage over other students. A
maximum period of 21 days will be given as an extension unless there are exceptional
circumstances. In determining applications the Chief Examiner or nominee may consult with the
Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
Resource Room Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the
student’s file. It should be noted that if an extension of longer than 14 days is granted, the
assignment will not be automatically printed out and delivered to the lecturer, therefore the
lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a
student’s application for extension is declined the Chief Examiner or nominee will inform the
student of the process for applying for special consideration.
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ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2013 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2013, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Director of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
There are clear linkages between this paper and other papers with a focus on Human Rights,
International Law, International Criminal Law and Public International Law.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
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Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
(c)
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa - Faculty of Law’s policy regarding plagiarism is contained in the Te
Piringa - Faculty of Law Undergraduate Handbook and the Te Piringa - Faculty of
Law
Undergraduate
Programmes
Manual,
available
from
www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
Information regarding the Law Faculty’s Health and Safety representative will be advised.
14.
Class representation
At the commencement of the semester, a class representative will be elected by the students in
Laws of Armed Conflict. This representative is encouraged to communicate regularly with the
Convenor. Students in this paper are encouraged to liaise with their representative to discuss
issues of concern. Contact details for the Student Representation Coordinator, Academic Services
Division, are as follows: Samantha Whittle, Student Services, ext. 6264, CHSSG.25 email:
student.reps@waikato.ac.nz
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa - Faculty of Law, available from the Resource
Room.
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Lecture Schedule
Lecture Schedule A Semester
Week Commencing
Programme of lecture topics
3 Mar
Introduction
10 March
Combatants
17 March
Civilians
24 March
Weapons of Mass Destruction
31 March
Small Weapons
7 April
Internal Armed Conflict
14 April (Good Fri 18 April)
Teaching Recess
21 April (Mon 21 Easter Mon, Tues 22 Uni Hol & Fri Teaching Recess
25 Anzac Day)
28 April
Humanitarian Law and Human Rights
5 May
Responding to Violations of IHL
12 May
Peacekeeping
19 May
Peace Enforcement
26 May
Presentations I
2 June (2 June Queen’s Birthday)
Presentations II
9 June
Study Week
16 June
Examinations
23 June
Examinations
30 June
Teaching Recess
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