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Course

International Criminal Law & Transitional Justice - JURD7467

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisites: Crime & the Criminal Process (LAWS1021/JURD7121) and Criminal Laws (LAWS1022/JURD7122) OR Criminal Law 1 (LAWS1001/JURD7101) and Criminal Law 2 (LAWS1011/JURD7111).

Excluded: JURD7891, LAWS3067, LAWS8991

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course considers contemporary legal issues in international criminal law and transitional justice. It places international criminal law in the broader context of state sovereignty, international peace and security, post-conflict reconciliation and the rule of law. It examines the role of international criminal law and transitional justice within public international law generally, and its relationship with other areas of law, such as state responsibility, human rights, international humanitarian law, national criminal law and international refugee law. It will examine the distinction between state and individual responsibility, consider the development of international criminal law and its institutions, outline the main principles and rules of international criminal law, both substantive and procedural, as well as discussing alternatives to criminal responsibility such as truth and reconciliation commissions and amnesties. In particular, the course will examine the substantive legal framework to ensure accountability for acts of genocide, war crimes, crimes against humanity and other serious violations of international law. It will also assess the history, structure, jurisdiction and jurisprudence of the international criminal tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, as well as the Special Court for Sierra Leone and other hybrid and internationalized tribunals. The role of national legal systems in ensuring accountability for international crimes is also outlined.

Recommended Prior Knowledge

This course builds on basic international legal knowledge provided by the course JURD7481 Public International Law (or equivalent). Students who have not completed this course or a similar course may be expected to do some preliminary and additional reading to ensure that they have the necessary background to benefit from this course.

Course Objectives

It is intended that students who complete the course successfully will be able to:
  • Think critically about law and policy relating to international criminal law and transitional justice.
  • Understand the relationship between the international legal regime and domestic law.
  • Analyse different conceptual approaches to international criminal law and transitional justice.
  • Evaluate the role of law in responsonding to political concerns and often complex situations.
  • Appreciate the role and limitations of the relevant national and international actors.
  • Identify and evaluate different mechanisms for ensuring accountability for serious violations of international law.
  • Appreciate the substantive elements of international crimes, the overlap and distinctions between the various crimes, and the context within which they are committed.
  • Evaluate the contribution of international criminal law to post-conflict reconciliation and reconstruction.

Main Topics

  • Introduction to international criminal law and its sources.
  • International criminal law as distinct from transnational and national criminal law.
  • The distinction between individual and state responsibility.
  • History of international criminal law and its enforcement.
  • Substantive international criminal law: genocide; crimes against humanity; war crimes; aggression; other crimes under international law.
  • Enforcement of international criminal law: national courts; the ICTY and ICTR; the International Criminal Court; other hybrid or internationalized criminal tribunals.
  • Enforcement: the International Criminal Court: jurisdiction; trigger mechanisms; state cooperation; the relationship with the Security Council; complementarity.
  • Defences, immunity and command responsibility.
  • Procedural concerns: rights of the accused; fair trial guarantees; victim representation.
  • Alternatives to criminal prosecution: duty to prosecute; truth and reconciliation commissions; amnesties; lustration; reparations.

Assessment

Class participation – 15%
Mid-term assignment (essay) – 25%
Research essay – 60%

Course Texts

Prescribed
Cryer et al, An Introduction to International Criminal Law and Procedure (CUP, 2010, 2nd edition) ISBN: 978-0521135818

Recommended
  • Cassese, International Criminal Law (OUP, 2008, 2nd edition) ISBN 978-0199203109.
  • Zahar and Sluiter, International Criminal Law: A Critical Introduction (OUP, 2007), ISBN 978-0-40-695904-1.
  • Schabas, An Introduction to the International Criminal Court (CUP, 2007, 3rd edition) ISBN 978-0521707541.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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