Module Description
This module provides an overview of international criminal law, an increasingly significant part of public international law: it highlights the interface between international human rights law, international humanitarian law and international criminal law, where the focus is on the prosecution of an individual with respect to a specific crime. Students are introduced to foundational concepts and principles of international criminal law, along with the conceptual and practical significance of individual criminal responsibility, and the institutional framework and law of international criminal courts, and tribunals. In addition to substantive law, such as genocide and crimes against humanity, the course will also cover the general principles of accountability along with defences and immunities. The course also consider procedural capacity and the role of domestic courts in relation to the prosecution of international crimes, which involves questions of jurisdictional competence, extradition and surrender.
MODULE OBJECTIVES
(i) Students will understand the foundational concepts and principles of international criminal law, including the international rules on domestic criminal jurisdiction, the phenomenon of individual criminal responsibility, and the international institutional framework in place with respect to the suppression of international crimes.
(ii) Students will re-visit an understanding of generalist sources of public international law, which are applicable to crimes under international law.
(iii) Students will study the substantive law of international crimes, along with the general principles of international criminal law such as principles of accountability, and grounds excluding criminal liability.
(iv) Students will understand the impediments to investigation and prosecution in domestic courts.
(v) Students will be able to develop their legal reasoning with respect to doctrine and jurisprudence within international criminal law.
MODULE OUTLINE
Seminar 1, Introduction: foundational concepts of international criminal law
Seminar 2, International institutional framework of criminal courts and tribunals
Seminar 3, International Criminal Court
Seminar 4, Actus Reus of genocide, crimes against humanity, war crimes and aggression
Seminar 5, Mens Rea and genocide, crimes against humanity, war crimes and aggression
Seminar 6, Defences and Immunity
Seminar 7, Jurisdiction in international law vis-à-vis domestic prosecutions
Seminar 8, Extradition and other modes of surrender
Seminar 9, Review and Application
- Module Supervisor: Carla Ferstman