This course builds on the course International Criminal Law. It takes a closer look at the first law and practice of the International Criminal Court and problems of international criminal procedure. It reviews issues such as jurisdiction, admissibility, prosecutorial powers, fair trial rights, role of victims and aspects of criminal procedure from a comparative perspective and from the angle of different participants in criminal proceedings (Prosecution, Defence, Judges). It will contain assignments and tasks, which are drawn from the actual law and practice of the ICC and the ad hoc tribunals. It will also provide an opportunity for exchange with practitioners and Court officials.
Course Objectives
The course is designed to shed a closer light on the fundamental challenges of international criminal justice and the law and practice of international criminal courts and tribunals. The course will address theoretical foundations of the law as well practical questions arising in the application of international criminal law. Lectures will cover specific aspects of the institutional law and the practice of the ICC, including an understanding of the situational context in which the law has developed and continues to develop. Special attention will be devoted to international criminal procedure and critical analysis of jurisprudence and decisions.
Achievement levels
By providing the conceptual framework and insights into the key mechanisms and concrete examples of international criminal law, the students will gain the ability to employ the acquired knowledge in presenting and writing a research paper.
Mode of Instruction
This course consists of interactive lectures on key topics and a one-day class exercise where students present draft papers in a simulated Conference setting. The exercise is informed by a Call for papers which reflects key themes and dilemmas of the course. The purpose is to enable students to develop a topic independently and carry out independent research which goes beyond the status quo. Feedback is provided in the finetuning of the topic and in the context of the Exercise. During the exercise, students are not only asked to present their own paper, but to comment and engage with the other presentations. In this sense, the course also trains students in discussing work in a peer setting, listening to other arguments and providing feedback and constructive comment to others. Active participation is encouraged throughout.
Assessment Method(s)
The course will be assessed by way of presentations and a final paper, with a word limit of 7.000 words, including footnotes.
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. The Critical Introduction to International Criminal Law (CUP, 2019) by the instructor serves as general guidance.
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.