National Security, Human Rights, and International Law

This course will equip students with an understanding of the relationship between national security and international law. It introduces the foundations of international law and considers sub-topics of direct relevance to national security, with a focus on human rights. No prior legal training or study is necessary, and this course is available to persons with or without legal qualifications. Students will encounter the sources and institutions of international law and engage with sub-topics such as the law of state responsibility, the law of the sea, space law, the laws of armed conflict, and human rights. These topics are relevant to national security in various ways. For example, Australia and its intelligence agencies may be involved in military conflicts where the laws of armed conflict can also apply or may rely on information collected by remote sensing technologies in space. While a nation’s national security laws and policies can assist in protecting human rights, particularly rights relating to the safety and freedoms of its people, national security laws and policies also pose challenges to the enjoyment and fulfillment of human rights, such as freedom of expression, movement, fair trials, and free press. This course exposes students to the legal and policy issues underpinning these and other tensions.