Graduate Certificate in National Security and Military Law

Built upon the foundational principles of U.S. Constitutional law, this course examines the intersection of domestic statutes, public international law, international criminal law, International Humanitarian Law, and Human Rights Law in addressing pressing national security issues. Through case studies, policy analysis, and historical context, students will develop the skills to analyze and articulate opposing legal arguments on politically charged topics, fostering a balanced and non-partisan approach to complex legal challenges. This course encourages critical thinking, collaborative discussion, and responsible participation in shaping the future of our nation’s legal and security frameworks.

Nearly two million people are subject to the jurisdiction of an American court-martial, a tribunal that has the full weight of the federal government behind it and that can impose serious sanctions, including death. If the military were a state, it would be the 37th largest, ahead of Nevada, West Virginia, and Hawaii. Yet most of us know very little about this system, and as far as systems go, it is unique. Unlike the other American criminal systems, which have roots either in the British common law or European civil systems, our military justice system was derived from a code written by a Swedish general in the 1600s. We operated under that model until the end of World War II. Then, Congress wrote the Uniform Code of Military Justice (UCMJ), which now models the federal system—but retains many of the unusual features of the old system.

Since that overhaul after World War II, the system remained largely unchallenged and unchanged, but now the system is facing extraordinary Congressional scrutiny and is undergoing revolutionary change, largely in response to the military’s lack of progress in dealing with the sexual assault problem it faces.

One of the themes in the course is how the Bill of Rights applies to service members and whether the military justice system has struck the right balance as it has evolved. The other big theme is who should control the system and provide oversight: commanders, or someone else.

This course will cover the history of military justice systems; the unique crimes and defenses found in the military; and the unique procedural rules found in the military.

Aviation and Space Law examines the legal frameworks governing aviation and aerospace activities, emphasizing their relevance to national security, international regulation, and emerging technologies. Students will explore foundational statutes like the Airline Deregulation Act, the Railway Labor Act, and the Montréal Convention, alongside topics such as federal preemption, aviation safety, post-9/11 passenger rights, terrorism and screening, aircraft finance, and general aviation transactions. Contemporary issues, including the use of unmanned aerial systems (UAS) in modern conflicts—highlighted by Ukraine's strategic deployment of drones and unmanned aerial vehicles and incidents challenging airspace sovereignty (e.g., a Chinese balloon traversing US airspace), will be analyzed to understand their legal and geopolitical implications.

The course also introduces space law, focusing on the increasing role of private entities like SpaceX in orbital activities, the deployment of small satellites, and the evolving legal regimes governing liability, resource utilization, and international cooperation in space. Florida offers a unique backdrop for this study—from the pioneering Pan Am Clippers in Miami to Space Shuttle launch operations at Cape Canaveral, and Florida International University itself, situated on a former airport site—providing students with a tangible connection to the historical and contemporary developments in aviation and aerospace.

In addition to its specific subject matter coverage, this course is broadly designed to equip students across disciplines (from administration law to national security) to engage with the legal and policy challenges at the intersection of law, technology, and global security.

This course is an introduction to the law of the sea under federal and international law. Topics covered will include rules governing liability for maritime collision, rights and duties arising from personal injury or death of a seaman, liabilities of ship owners and insurers, maritime liens and mortgages, and special problems caused by involvement of governments as parties to maritime transactions and litigation. Other topics will include admiralty practice and procedure and maritime environmental law.

Students will learn how to apply the core substantive and procedural legal doctrines and rules related to the use of military force. Students will be able to identify, find, analyze, and use relevant international and domestic laws and policies which govern or impact the use of force between state and nonstate actors in order to identify and resolve problems and communicate legal analysis in written and oral formats.

In this discussion-heavy course, students will learn to think critically about professional and ethical responsibilities that arise when applying the rules related to the use of force that amounts to an armed attack and the use of military force during armed conflicts. Students will also apply legal and other scholarship to better understand this area of law.

Course objectives and learning outcomes

Law of Armed Conflict (LOAC) is one of the few bodies of law that has nearly indisputable worldwide applicability. Tens of thousands of combatants and civilians are killed or injured each year as the result of armed conflict. This course is devoted to studying the law that justified, or conversely, was designed to prevent such deaths.

This course will cover the following topics:

1. The evolution of the laws and policies governing the use of force, including the foundation of the current state of the law;
2. Just War Tradition and the laws governing the legal right to go to war (jus ad bellum);
3. The classification of conflicts, to include the evolution of nonstate actors on the battlefield;
4. The laws and policies surrounding the way in which warfare is conducted (jus in bello), to include the four core LOAC principles (distinction, military necessity, proportionality, and unnecessary suffering); the status of individuals on the battlefield; and targeting.
5. The laws, policies, and practical realities of detention operations, to include the role of the International Committee of the Red Cross (ICRC);
6. Handling violations of the LOAC, to include international tribunals, military commissions, and domestic punishment systems;
7. and Emerging technologies, to include drones, cyber, and autonomous weapons.

This course will cover the substance and procedure of the uniquely pro-claimant veterans benefits system. Veterans law is a form of administrative law and this course will examine traditional issues of administrative law such as regulatory interpretation and deference to agency rules. However, because of its isolation from judicial review for over 200 years, the system has procedures with no direct analogies to other legal areas and different approaches to familiar legal issues. This course will consider the history and politics of veterans benefits and explore the friction between the system’s ideals and the burdens of processing over one million claims a year. In particular, it will examine several lenses for interpreting veterans law including veteran friendliness versus deference to the agency, formalism versus realism, and rules versus standards.

The course will prepare students to assist veterans in Florida and around the country in the complex world of VA disability claims. Students will gain knowledge and understanding of the veterans benefits system, including the substantive law of compensation benefits and the procedures required from initiation of a claim all the way through an appeal to the federal courts. Students will also develop an advanced understanding of applicable principles of administrative law including rulemaking procedures and deference owed by the federal courts to agency rules and interpretations.

Contact your home school financial aid office. You will complete a consortium agreement with your home school. Register immediately with FIU when visiting student registration opens (usually the middle of July for the fall semester and middle of November for the spring semester). Then, send the consortium agreement to Jorge Leniv, Associate Director of Financial Aid at lenivj@fiu.edu.

After the FIU add/drop period ends (usually the first day of the second week of school), FIU Financial Aid will certify your enrollment and cost of attendance and send that back to your home school financial aid office. Your home school will release the funds to FIU.

This can take some time, so you should meet with your home school’s financial aid office early. FIU payment deadlines are the second week of classes. You may need to arrange for an initial payment plan with the FIU Financial Aid. When your financial aid disbursement comes through from your home school, you will be reimbursed that amount.

If you sign up for 15 credits at out-of-state rates, the cost for the semester is roughly $17,000. The first payment would be roughly $4,500. For in-state rates, the cost for the semester is roughly $10,000, with a first payment of about $2,600. The FIU College of Law may grant in-state waivers on a case-by-case basis.

If you want to claim FL residence, you can provide the required information in the application process. The College of Law may grant in-state waivers on a case-by-case basis.

Online Live credits will count towards your home school’s distance learning credits. Ensure you will not exceed your home school’s limits on distance learning credits.

FIU has a grading curve for courses with enrollment over 15 students. You will not know if your course(s) are subject the curve until after the add/drop period. Some of these courses are frequently subject to the curve. The curve is as follows:

• Between 10% and 15% of the grades shall be A;
• Between 10% and 20% of the grades shall be A-;
• Between 20% and 35% of the grades shall be B+;
• Between 20% and 35% of the grades shall be B;
• Between 5% and 15% of the grades shall be B-;
• Between 0% and 20% of the grades shall be C+ or below.

The FIU JD Handbook can be found at the FIU Law Registrar's Office and governs all certificate coursework.

Students are responsible for tracking their own progress in the certificate program.