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Prospectus

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International Criminal Law

Course
2011-2012

Admission requirements

200-level courses tagged with Global Justice give access to this course.

Description

This course aims to provide an overview of international criminal law as a specific branch of public international law. The course traces the historical and theoretical underpinnings of the canon beginning with the Post-World War I “Leipzig Trials” progressing right through to the establishment of the International Criminal Court (ICC) at the turn of the 20th Century. In so doing, considerable attention will be paid to the evolving theoretical and sociological foundations of international criminal justice, as well as the political circumstances which came to bear in the establishment of a multiplicity of international and internationalized criminal tribunals. While seeking to understand the object and purpose of international criminal prosecutions, the course will focus primarily on the continued development of the law relevant to the subject-matter jurisdiction of international courts and tribunals. Specifically, the course will examine in detail the law pertinent to war crimes, crimes against humanity, genocide and the crime of aggression. In getting to grips with the subject-matter jurisdiction of international criminal law, students will be required to digest and critically analyse selected jurisprudence from international and internationalized courts and tribunals. Having dealt comprehensively with subject-matter jurisdiction, the course will then examine the potential modes of liability (i.e. the basis on which an individual may be found individually responsible) which may be attached to these crimes. In this respect, the course will look at controversial issues surrounding the notions of joint criminal enterprise and superior responsibility. Allied to this will be consideration of the possible grounds for excluding criminal responsibility, that is, the possible defences that may be forwarded by accused individuals. The course will conclude with an examination of the challenges facing international criminal justice. In this regard, the course will look at issues such as prosecutorial discretion, the balancing of peace with the pursuit of justice, and the central importance of the principle of complementarity in the future development of international criminal law.

Course objectives

The primary objective of this course is to provide students with the foundational principles of international criminal law and international criminal justice more generally. In so doing, students will emerge with: knowledge of the historical and theoretical underpinnings of international criminal law; an understanding of the jurisdictional parameters of this body of law; the relevant modes of liability and possible defences applicable before international criminal courts and tribunals; and finally, the challenges facing the continued evolution of international criminal justice.
Upon completion of the course, students should be able to:

  • Employ various methods of legal reasoning.

  • Analyze statutes, cases, and other sources of law.

  • Discern relevant facts and apply a legal principle to those facts.

  • Understand the historical and current legal framework of international criminal law, including the institutions, subject-jurisdiction, modes or liability, defences and the principle of complementarity.

  • Appreciate the political and sociological context in which international criminal justice operates.

  • Critically analyze the contemporary challenges and debates relevant to international criminal law.

Timetable

Please see the LUC website: www.lucthehague.nl

Mode of instruction

Seminars (two 2-hour sessions per week, Weeks 1 – 7) will form the main body of this course, and a Blackboard site will support in-class discussion and debate as well as hosting readings and related multi-media material. Students are required to take an active part in seminar discussions and may be called upon to present readings in class

Assessment method

  1. Interactive engagement with course readings as evident from in class presentation and discussion: assessed through In-class participation and presentation of core reading (20% of final grade): Ongoing Weeks 1-7
  2. Ability to engage with in-depth discussion of a designated ICL topic: assessed through Essay (3,000 words; 40% of final grade): Due week 7
  3. Expression of holistic understanding of the course: assessed through Examination (40% of final grade): Week 8

Blackboard

This course is supported by a BlackBoard site

Reading list

All students are required to obtain a copy of R. Cryer et al. International Criminal Law (Cambridge, Cambridge University Press, 2010)
Additional materials and readings will be posted on BlackBoard and via links to available online resources. Students are urged to pay particularly close attention to the course Blackboard site, which will be used as an active space for both practical and in class discussion purposes.

Registration

This course is only open for LUC The Hague students.

Contact information

Dr. Joe Powderly [j.c.powderly@cdh.leidenuniv.nl]

Weekly Overview

Week 1: The theoretical and historical underpinnings of international criminal law
Week 2: The Nuremberg Trials and the International Military Tribunal for the Far East
Week 3: Cold War Hiatus
Week 4: The core subject-matter jurisdiction of international criminal law(I)
Week 5: The core subject-matter of jurisdiction of international criminal law (II)
Week 6: Holding individuals to account – modes of liability and defences to int’l crimes
Week 7: The challenges facing the system of international criminal justice