Postgraduate Diploma in Military Legal Studies

Purpose

The primary purpose of the Postgraduate Diploma in Military Legal Studies is to enable working legal professionals to undertake advanced reflection and development using a systematic survey of current thinking, practice and research methods in an area of specialisation. This qualification demands a high level of theoretical engagement and intellectual independence, as well as the ability to relate knowledge to a range of contexts to undertake professional and highly-skilled work. The outcomes of the qualification are also in line with the purpose of a Postgraduate Diploma that aims to strengthen and deepen the learner's knowledge in a particular discipline or profession.

The main outcomes for this qualification are for learners to analyse case studies/scenarios/text following prescribed methodology to provide sound legal advice in the following areas, namely, Different forms of armed conflict and application of humanitarian law: Advanced International Law for Military Operations module, Land; the sea and air domain: Advanced Operational Law module, Cyber domain: Cyber Security Law module, and Different forms of peace operations: Peace Operations Law module.

Rationale

Senior management of the Defence Legal Services Division (DLSD) identified a need for the further development of newly qualified military law practitioners. This qualification has been designed to address critical skills required from military law practitioners who will be deployed in an international and national conflict environment and will have to advise military practitioners and commanders on the best course of action within the deployment environment while still adhering to international legal prescripts. This qualification is directed at military practitioners who have already completed their graduate law studies as well as similarly graduated civilians who have an interest in the security environment.

The qualification will equip military law practitioners with the specialised knowledge to function optimally in their respective military fields, ensuring that the Department of Defence (DoD) will fulfil its Constitutional obligations in terms of defending the integrity and citizens of the RSA. The DoD will benefit in that the enhanced academic knowledge of legal advisors will ensure sound legal advice in the air; land; the sea and cyber domains of the operational legal support environment.

In addition to the benefits to the DoD, this qualification will address the challenges of the future in that legal officers will strengthen their legal knowledge by specialisation within specific military-related fields of the legal domain. The individuals will obtain a unique qualification, currently not offered by any other South African institution.

Recognition of Prior Learning (RPL)

Recognition of Prior Learning (RPL) is a term that refers to the principles and processes through which the prior knowledge and skills of a person are made visible, mediated and rigorously assessed and moderated for alternative access and admission, recognition and certification, or further learning and development. RPL applies to informal and non-formal learning only. Learning resulting from formal routes will normally be recognised via Credit Accumulation and Transfer (CAT), but in cases where CAT is found not to be applicable, the RPL route may be explored.

The Faculty of Military Science procedure for the RPL and CAT will be used as a guideline in any such applications.

With the DoD as the primary client, access is regulated by the South African National Defence Force (SANDF) and potential postgraduate learners are members of and/or identified by the SANDF. Any RPL policy for the Faculty of Military Science, therefore, must function within and contribute to greater cohesion between the requirements of the DoD and the maintaining of standards as defined by the Higher Education Qualifications Framework. Any applications for RPL on the qualification will be dealt with following the prescripts of this policy.

The Faculty of Military Science endorses the following principles for RPL

• Fairness and justice will be applied to all applicants.
• Validity and reliability of assessment instruments and procedures are required.
• Feasibility (including cost-effectiveness) of RPL processes and procedures must apply. These principles will be applied mutatis mutandis to the applicable application for RPL.

The following method will be applied to ARPL applications on the qualification

• Assessment instruments such as access or placement tests and challenge examinations that are primarily assessed quantitatively will be perused. Learning portfolios such as the institution qualifications or proof of other applicable informal learning will be evaluated qualitatively.

Entry Requirements

The minimum entry requirement for this qualification is

• Bachelor of Laws or other law-related qualification, NQF Level 7.

This qualification consists of the following compulsory modules at NQF Level 8 totalling 120 Credits.

Compulsory Modules, Level 8, 120 Credits

• Cyber Security Law, 30 Credits.
• Advanced International Law for Military Operations, 30 Credits.
• Advanced Operational Law, 30 Credits.
• Peace Operations Law, 30 Credits.

1. Demonstrate knowledge of and engagement in the area of Military Legal Studies, and an understanding of the theories, research methodologies, methods and techniques relevant to the field.
2. Interrogate multiple sources of knowledge in the area of military legal studies and to evaluate knowledge and the process of knowledge production.
3. Demonstrate an understanding of the complexities and uncertainties of selecting, applying or transferring appropriate standard procedures, processes or techniques to unfamiliar problems in Military Legal Studies.
4. Use a range of specialised skills to identify, analyse and address complex or abstract problems drawing systematically on the body of knowledge and methods appropriate to Military Legal Studies.
5. Present and communicate academic, professional or occupational ideas and texts effectively to a range of audiences, offering creative insights, rigorous interpretations and solutions to problems and issues appropriate to the context.
6. Operate effectively within a system, or manage a system based on an understanding of the roles and relationships between elements within the system.

Associated Assessment Criteria for Exit Level Outcome 1

• Describe the law enforcement powers of the South African National Defence Force without or in cooperation with the South African Police Force, during the conducting of internal operations;
• Discuss the legal aspects about specific actions such as roadblocks/control points, house searches, house clearing, cordoning, crowd management, crime scenes, safeguard of Military Bases, and border control/handling of illegal immigrants;
• Interpret the civil aviation regime in terms of the Chicago Convention 1944;
• Appraise the liability regime of civil and military aircraft accidents in terms of the Warsaw Convention 1929 and Montreal Convention, 1999;
• Discuss the offences that can be committed on board or about military aircraft;
• Discuss cybercrimes, cyber forensics, criminal law and law of evidence as applicable to cybersecurity;
• Explain the role of the relevant international organisations and their key policy documents in peace operations.

Associated Assessment Criteria for Exit Level Outcome 2

• Illustrate the use of force, minimum force and escalation of force through case studies - given and self-compiled;
• Analyse the contemporary maritime challenges for peace and security from a legal perspective;
• Appraise the International Law, its sources, principles and relevant international instruments important to the maintenance of peace and security;
• Interpret and apply International Law from an operational perspective.

Associated Assessment Criteria for Exit Level Outcome 3

• Explain and interpret the law enforcement powers of the South African National Defence Force during deployment in the maritime context;
• Identify and interpret the role of international humanitarian law in the cyber context;
• Apply international legal principles in the context of different forms of peace operations through the analysis of case studies.

Associated Assessment Criteria for Exit Level Outcome 4

• Analyse the contemporary maritime challenges for peace and security from a legal perspective;
• Reflect on the future of peace operations in the context of evolving international legal principles.
• Apply various legal principles of International Law to different forms of armed conflict;
• Examine Humanitarian law and its legal consequences as it applies to states and individuals;
• Assess the application/misapplication of International Law to the use of force is assessed through an analysis of case examples.

Associated Assessment Criteria for Exit Level Outcome 5

• Interpret international cybersecurity management in the national context and describe the national legislation relevant in this context;
• Discuss how International Law regulates the conduct in wars of both international and non-international character;
• Compare the legal frameworks in terms of human intervention and the responsibility to protect;
• Discuss the challenges and tensions faced by the law in peace operations.

Associated Assessment Criteria for Exit Level Outcome 6

• Analyse case studies/scenarios/text following prescribed methodology to provide sound legal advice;
• Analyse and interpret the principles of maritime jurisdiction over vessels at sea and maritime zones;
• Classify the different forms of peace operations and the legal principles applicable to each;
• Compare the international legal principles governing the use of force.

Integrated Assessment

The assessment policy of the institution pronounces that assessment forms the essence of an integrated approach to learner learning. It is generally accepted that assessment probably constitutes the learning and teaching practice through which the most direct influence may be exerted on learner learning. The purpose of this policy is therefore to provide a framework within which assessment practices at the institution can be valid, reliable and justifiable, and can be directed and evaluated within faculties based on clear criteria.

The policy focuses on the criteria for excellent practice in assessment, of which the detailed regulations, rules, and practices are subject to the policy. All institutional and faculty-specific documents that have a bearing on assessment therefore resort under this overarching assessment policy and meet its requirements. The policy is based on the assumption that lecturers have the competence to decide how assessment should take place within their disciplines and programmes and will be prepared to strive towards excellence in knowledge practice and to develop their skills further. The primary responsibility for the monitoring of assessment practices at the institution lies within the faculties. The policy does not propose to be prescriptive concerning assessment strategies, but rather to create space within which lecturers can make justifiable choices about assessment within their environments.

Formative and Summative Assessment

Assessment can be applied for a variety of functions such as assessment for formative (i.e. assessment for learning) purposes that primarily serve the learning process by offering learners an opportunity to develop the desired knowledge, skills and attitudes with the aid of timely feedback. Assessment for summative (i.e. assessment of learning) purposes serves to elucidate decisions and findings on the progress of learners, e.g. for promotion or certification, during which value judgements are made on learners performance.

Formative assessment: no learner will be allowed to write an examination in a module unless he/she had followed the curriculum and delivered satisfactory work during the semester. Learners may therefore acquire a class mark (per module) through one or a combination of the following provided that the learner will be subjected to at least two evaluations in acquiring a classmark:

• A series of smaller exercises, assignments or tests.
• Assignments (At the postgraduate level these assignments will also include short research essays).
• A synchronised, formal test (Semester test). This test can be written at decentralised Learning Centres or, in previously approved cases, at the learners' unit.

Summative Assessment

Learners who obtained the required class mark will write one final examination per module.