JUS5503 - Human Rights and Counter-Terrorism: Striking a Balance?

Course content

In order to combat terrorism, states and international organizations have adopted numerous policies and initiatives, especially since 11 September 2001. These counter-terrorism measures pose certain challenges to the international legal system. The course addresses the challenges to the international legal system that counter-terrorism measures entail. We provide an introduction to relevant topics of international law, but the course focuses on the accommodation of and limitations to counter-terrorism measures that international human rights, refugee law, international humanitarian law, and international criminal law place on states.

The basic outline of the course is as follows:

I. Counter-terrorism and international law:

1. Human Rights
a) Violation of Socio-Economic Rights as Root Cause
b) Derogations and permissible limitations to rights
c) The effects on the enjoyment of specific rights: Selected case studies

2. Refugee Law
3. Humanitarian law

II. International counter-terrorism:

1. The United Nations
2. The regional context of Europe and the Americas
3. The International Criminal Court & Accountability).

Learning outcome

This course will challenge you to draw the line of legality of counter-terrorism efforts. Yet, it asks you to understand the maxim stated by Blaise Pascal that “Justice without force is powerless; force without justice is tyrannical.” In other words, students should understand the necessity of counter-terrorism to human rights, but that unfettered counter-terrorism undermines human rights itself. Through the study of specific cases in the context of counter-terrorism, students will also understand that there is constantly a necessity to balance competing demands to uphold the principles of democracy and rule of law.

Admission

Students at UiO must apply for courses in StudentWeb.

International applicants, if you are not already enrolled as a student at UiO, please see our information about admission requirements and procedures for international applicants.

You may register for this course if you have admission to a Master's programme at UiO. All applicants must fill the formal prerequisites.
Priority is given to students on the Master of Philosophy programme in the Theory and Practice of Human Rights.

Prerequisites

Formal prerequisite knowledge

Recommended previous knowledge

An understanding of international law, the substance of individual human rights, and structures of major international organizations are recommended. This is an advanced course that builds upon these foundational elements.

Overlapping courses

None

Teaching

The course is conducted through lectures, student assignments and seminars with oral presentations by students.

Access to teaching

Examination

The examination consist of a written paper which should be handed in at the end of the semester. Students will be notified about the deadline and the examination question(s) in the beginning of the semester.

A draft should be handed in in the middle of the semester. Delivery of the draft is mandatory. There is no grading, but students will receive useful comments from the teacher.

Use of sources and rules for citing.

Be sure that you are familiar with the use of sources and the rules for citing/quoting from others’ work
UiO uses a plagiarism checking tool as one of several instruments for detecting suspicion of cheating and attempted cheating.UiO uses a plagiarism checking tool as one of several instruments for detecting suspicion of cheating and attempted cheating.

Examination support material

No examination support material is allowed.

All resources allowed.

Language of examination

English.

Grading scale

Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.

Explanations and appeals

You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.

Resit an examination

You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.

If a student has submitted a written assignment a second time in the same course s/he can only submit it in a new version. This means that there must be another title and theme, or that the new version must be considerably changed from the first version.

Students who wish to retake the exam in a later semester are not guaranteed that the course is ever repeated with a similar reading list, nor that the exam arrangement will be the same.

Withdrawal from an examination

A student can sit for this exam up to 3 times. If a student wishes to withdraw from the exam, s/he must do this in Studentweb at least two weeks prior to the first day of the exam. Failure to do so will be counted as one of the three opportunities to sit for the exam.
A study programme may have rules that further limit the number of times a student may re-take this exam. In such instances the rules of the study programme will have priority.

Special examination arrangements

If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.

Please se Detailed regulations for the Faculty of Law, Chapter 3 regarding application, responsibilities and special measures.

Evaluation

Feedback from our students is essential to us in our efforts to ensure and further improve the high quality of our programmes and courses. All courses are subject to continuous evaluation. At regular intervals we also ask students on a particular course to participate in a more comprehensive, periodic evaluation of this course.

Other

• This course is possible to include in the Norwegian degree "Master i rettsvitenskap" from autumn 2012.
• The course has replaced HUMR5503