This course treats the foundations of international criminal law. It traces the historical evolution (e.g. the Nuremberg and Tokyo precedents), the objectives and the relevant legal sources of international criminal law. It distinguishes classical horizontal approaches (e.g. extradition, mutual legal assistance) from vertical international criminal law (e.g. law of international criminal courts and tribunals). It further studies the substantive crimes (genocide, crimes against humanity, war crimes, aggression) as well as general principles of international criminal law (modes of liability, grounds excluding criminal responsibility) and impediments to investigation and prosecution (e.g. immunities, amnesties), based on contemporary treaty-law and the international practice. The course is designed to develop a critical understanding of law and jurisprudence and will provide ample room for discussion, practical exercises and interaction with invited lecturers.
Course Objectives
This course has been designed with a view to providing a solid foundation in the fundamentals of international criminal law. It begins by tracing the discipline’s rich historical development, the evolution of its diffuse aims and objectives, and the circumstances leading to the establishment of the landmark international criminal justice institutions. The course then focusses in-depth on the substantive crimes, namely, genocide, war crimes, crimes against humanity, and aggression. Significant attention is also given to general principles of international criminal such as modes of liability and grounds for excluding criminal responsibility, as well as impediments to the investigation and prosecution of crimes, such as immunities. Finally, the course reflects on the pressing challenges facing contemporary international criminal law.
Achievement levels
The course aims to develop a critical understanding of law and jurisprudence and will provide ample room for discussion and the exchange of opinions and perspective.
Mode of Instruction
This 5 ECTS course is delivered in person and consists of seven two-hour lectures and four two-hour Discussion Forum sessions.
Assessment Method(s)
The means of assessment consists of two elements.
1. The ICL Discussion Forum which is a central component of the course and an important element of the means of assessment. Four two-hour Discussion Forum sessions are included in the schedule. The class is divided into two groups, which each group is in turn split into Discussion Leader Groups. A Discussion Leader Group will be assigned to take charge of driving the discussion of the topic on the Brightspace Discussion Forum. Each member of the assigned Discussion Leader Group is required to post a blog entry on the Discussion Forum offering their individual reflections and analysis of the topic. Blog posts should be in the region of 500-750 words. This is an individually graded exercise, with the blog entries and engagement with the live Discussion Forum session constituting 25% of the final grade for the course.
2. The second means of assessment is a 5,000 word paper (including footnotes). For this assignment each student must identify a topic relevant to ICL that they wish to focus on. The essay makes up 75% of the final grade for the course
Reading List
Cryer et al, An Introduction to International Criminal Law and Procedure (4th edn)
C. Stahn, A Critical Introduction to International Criminal Law (selected chapters).
Additional reading materials, both assigned and suggested, outlined in the course syllabus.
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.