Module overview
International Criminal Law, rather than comparing domestic law of different countries, is concerned with only those crimes which are of such gravity that they affect the whole international community. International criminal law deals therefor with crimes such as genocide, war crimes and crimes against humanity, usually committed in the context of armed conflict. This module explores how the international community responds to such mass atrocities, how it tries to bring even the most powerful perpetrators to justice and the numerous challenges it faces in trying to do so though the International Criminal Court (ICC) in The Hague.
This module will introduce you to the core international crimes over which the International Criminal Court has jurisdiction as well as the Court’s main procedures. It will examine the relationship between the Court and its stakeholders such as member and non-member states, the United Nations Security Council and the African Union. Analysing the tension between the principles of truth, justice and peace and the pressures of realpolitik, this course will critically assess to what extent the ICC is able to achieve its aims and objectives.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- explaining the essential elements of the crimes of genocide, war crimes, crimes against humanity and how and whether these may be charged and prosecuted;
- explaining the historical evolution of international criminal law, its structure, development and application before international and national courts;
- explaining the basic provisions of the procedural and evidentiary systems and the main problems of international criminal investigations;
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- engage and apply comparative and critical approaches to a wide variety of issues;
- think critically about international dimensions and implications across a range of contexts;
- assess and evaluate competing and complementary solutions to the challenges of a globalised environment;
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- demonstrate critical awareness of the relationships between international criminal law, its principles and mechanisms, and international law;
- critically evaluate the roles, rights and influences of various stakeholders such as the United Nations Security Council, the African Union, NGOs, member and non-member States to the Rome Statute.
- apply the principles and rules of international criminal law to a practical case study;
- analyse the essential elements of international crimes in terms of the ways in which these have been charged and prosecuted before the courts;
Syllabus
The following topics are indicative of those, which will be covered. This area is a very dynamic field and changes in content, order, name and scope of topics may be necessary from year to year to current developments. The precise content of the module in any particular year will be confirmed in a module overview document, which will be distributed via the course Blackboard site before the first lecture.
The module will explore the developing field of international criminal law as it is being established by practice, including case-study discussion of the following aspects:
•General principles of international criminal law
•Prosecuting international crimes: international, hybrid & national criminal courts
•Genocide
•Crimes against humanity
•War crimes
•Crime of aggression
•Evidence and international criminal investigation
•Pre-trial procedures and jurisdiction
•The international criminal trial and principles
•Sentencing, penalties and reparations
•Victim participation and witness protection
•Political independence of the International Criminal Court
•The relationship between the ICC and the UN, member states, non-member states and NGOs
Learning and Teaching
Teaching and learning methods
The module is taught by means of a weekly 2-hour lecture and fortnightly seminars. You will be expected to have read all materials assigned for a particular class and to take a full part in discussions about them.
Preparation for and participation in the weekly lectures and seminars will develop:
•the knowledge required to satisfactorily achieve the stated module learning outcomes
•your understanding of the underlying issues
•your ability to challenge widely held assumptions about law and legal decision making and how these impact on legal practice in a global context;
•your ability to assess and comment critically on the effectiveness of others’ legal arguments and to discuss and defend your own argument in writing and orally;
•your organisational and time management skills.
| Type | Hours |
|---|---|
| Lecture | 22 |
| Completion of assessment task | 50 |
| Preparation for scheduled sessions | 58 |
| Wider reading or practice | 10 |
| Seminar | 10 |
| Total study time | 150 |
Resources & Reading list
Internet Resources
International Criminal Tribunal for the former Yugoslavia.
Special Court for Sierra Leone.
International Criminal Tribunal for Rwanda.
Textbooks
Cassese and P. Gaeta. Cassese’s International Criminal Law. Oxford University Press.
Cassese (ed.). The Oxford Companion to International Criminal Justice. Oxford University Press.
W. A. Schabas. An Introduction to the International Criminal Court. Cambridge University Press.
R. Cryer. An Introduction to International Criminal Law and Procedure. Cambridge University Press.
Douglas Guilfoyle. International Criminal Law. Oxford University Press.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Exam
- Assessment Type: Formative
- Feedback: You will receive individual written feedback plus oral feedback in class.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Open Book Exam | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Open Book Exam | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Open Book Exam | 100% |
Repeat Information
Repeat type: Internal & External