This course is designed for the Specialisation in International Criminal Law. It complements the courses in International Criminal Law and Advanced Issues in International Criminal Law. It is specifically meant to develop lawyering skills and to familiarise participants with the working methods and litigation of international criminal trials. The course focusses on the practice of international criminal litigation from preliminary examination and investigation stages, through to construction of prosecution and defence cases, motion writing, court room advocacy techniques, appellate practice, and judgment drafting. It addresses both the theoretical and, in particular, the practical dimensions of the field, view a view to imparting students with a package of practitioner skills. Through a series of guest lectures with prominent, experienced practitioners, the course provides students with an opportunity to learn from those engaged in international criminal litigation on a daily basis.
Course Objectives
The primary objective of this course is to provide some sense of the day-to-day challenges which must be faced by the practicing international criminal lawyer. In this respect, it will necessarily focus on the practical mechanics of international criminal litigation from the preliminary examination and formal investigation stages through to the construction of prosecution and defence cases, case strategy, motion writing, advocacy and ethical considerations. The course will be lectured by a group of extremely prominent, experienced practitioners who are perfectly placed to advise on best practices.
Achievement levels
The course has been designed as an interactive module with a number of practical in class exercises (particularly on motion writing and courtroom advocacy) which will give students an opportunity to delve straight into the complex world of international criminal litigation
Mode of Instruction
This course consists of a number of interactive lectures with experienced practitioners.
Assessment Method(s)
The primary examination for the course involves a written submission on a fictional procedural motion, followed by a short oral argument. Both elements will be marked on an individual basis and students will each be assigned the role of either prosecution, defence or perhaps even amicus curie or counsel for victims. The written submission element of the exercise is essentially a take home exam.
Reading List
Teaching materials are made available on Brightspace. They include relevant writings, Court documents and assignments which are designed to encourage reflection from different angles. Careful reading of the materials and preparation of the assignments is essential for participation in class and thorough analysis of the issues at stake. For each class, there is a separate document, outlining readings and guiding questions.
Brightspace
Additional reading will be indicated in the course reader and in the electronic learning environment, Brightspace.
Disclaimer
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.