International Criminal Law
- Module Code:
- Taught in:
- Term 1
This subject will provide a comprehensive overview of the emerging discipline of international criminal law. The discipline will be approached historically, theoretically, and critically. First, the module will examine the historical origins of the fundamental principle of international criminal law – individual criminal responsibility – and trace the evolution of the international criminal tribunals that apply that principle. Second, the module will explain the core theoretical assumptions of the subject, focusing in particular on the rationales for punishment (retribution, creating a historical record, promoting peace and reconciliation, etc.) and for the creation and operation of international criminal tribunals. Third, the module will take a critical look at the discipline’s core theoretical assumptions, asking whether alternatives to international trials might better achieve the discipline’s stated goals.
Objectives and learning outcomes of the module
This module will focus on individual accountability for international crimes, including both the substantive law providing for such responsibility, the range of mechanisms available for holding individuals accountable, and critical analysis of the law. A student who has successfully completed this subject will have advanced and integrated understanding of the body of knowledge associated with international criminal law. In particular, the student will:
- Understand the concept of individual criminal responsibility for international crimes
- Understand the structure and theoretical assumptions of core international crimes and critical approaches to international criminal law
- Understand the historical development of international criminal law
- Recognise the relationship between national and international jurisdiction for the prosecutions of international crimes
- Comprehend the basic workings of international criminal tribunals, in particular the permanent International Criminal Court
- Weekly 2 hour lecture
Scope and syllabus
This subject will provide an overview of the discipline of international criminal law. First, the module will examine the origins of the fundamental principle of international criminal law – individual criminal responsibility - and its operations through a variety of international crimes. Second, the module will explain the core theoretical assumptions of the law - focusing in particular on the rationales for criminalisation and for the creation of international criminal tribunals - and take a critical look at these core theoretical assumptions. Third, the module will look at the operation of international criminal law through national jurisdictions and international tribunals.
Principal topics in the subject may include:
- The concept of individual criminal responsibility for violations of international law
- The history of international criminal law
- Core crimes, such as war crimes, crimes against humanity, genocide, and aggression
- International and national prosecution of international crimes
- The context within which the substantive law operates.
This module will allow students undertaking postgraduate modules looking at aspects of international law and justice to develop their understanding of the role of international criminal law and individual accountability as a feature of the international legal order
Method of assessment
- Coursework: 20% (1000 words) and 80% (3000 words)
- Cassese et al, Cassese’s International Criminal Law (Oxford University Press: 2013)
- Cryer et al, An introduction to international criminal law and procedure (Cambridge University Press: 2010)
- Schbas, An introduction to the International Criminal Court (Cambridge University Press: 2011)
- Sliedregt, Individual criminal responsibility in international law (Oxford University Press: 2012)
- Stahn et al, The emerging practice of the International Criminal Court (M Nijhoff: 2009)
Students taking this module must also take the half unit Foundations of International Law (15PLAH021) unless:
(i) They have previously taken a module in the general principles of public international law; or
(ii) They have, in the opinion of the module convenor, acquired a satisfactory knowledge of public international law through legal practice or other work experience.