LAWS7713 Law, Terrorism & Human Rights
After the terrorist attacks of 9/11, the prevention and prosecution of terrorism emerged as a key priority for governments. This subject considers and critiques Australia's approach to fighting terrorism, with a particular focus on the positive and negative human rights implications of anti-terrorism law. Students will be introduced to key aspects of Australian anti-terrorism law, situated within a theoretical and comparative context.
Core themes of central importance in the national security arena emerge in this discussion. For instance, how far should governments go in protecting national security? How might basic values like democracy and the rule of law be preserved in the national security context? Does a tension necessarily exist between the preservation of national security and human rights? How might governments seek to achieve security and liberty? What roles are played by the judiciary and legislature as checks upon executive overreach? How might the effectiveness and necessity of anti-terrorism measures be tested and achieved?
Topics include:
- National Security as a Global Priority
- National Security and the Australian Government
- Legal Definitions of Terrorism
- Prosecuting Terrorism
- Terrorist Acts
- Terrorist Organisations
- Support and preparatory acts
- Speech
- Trials and secrecy
- Preventing Terrorism
- Preventive detention
- Control orders
- ASIO warrants
- Counter-radicalisation
- Terrorism and Global Movement
- Foreign Fighters
- Immigration
- Future Directions in Terrorism Law and Human Rights
Dr Rebecca Ananian-Welsh
Dr Rebecca Ananian-Welsh is a Lecturer at the TC Beirne School of Law. Dr Ananian-Welsh's research focuses primarily in the areas of: judicial independence, courts and court process, and the constitutional issues raised by national security law and anti-bikie law and policy. Dr Ananian-Welsh has published book chapters, articles in leading journals and has spoken widely at Australian and international events on these topics. Dr Ananian-Welsh has also given evidence to a Parliamentary Inquiry and contributed to a number of submissions to government with respect to national security laws and constitutional issues.
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CPD
This course may also be taken as a CPD course or a non-award course.