International Criminal Law
Objectives
After successfully completed this course, students will be able to:
- identify concepts, terminology, sources and arenas of international criminal law,
- apply common concepts of criminal law in the field of international criminal law,
- distinguish between transnational crimes prosecuted before domestic courts and international crimes prosecuted before international courts,
- work on cases related to the function of the ICC using the provisions of the Rome Statute,
- and develop arguments on the intersection between criminal justice and politics at international level.
General characterization
Code
27117
Credits
4
Responsible teacher
ATHINA SACHOULIDOU
Hours
Weekly - 3
Total - Available soon
Teaching language
Portuguese
Prerequisites
Available soon
Bibliography
Books
- Cryer, R./Friman, H./Robinson, D./Wilmshurst, E. (2010), An Introduction to International Criminal Law and Procedure, 2nd edition, Cambridge: Cambridge University Press
- Satzger, H. (2018), International and European Criminal Law, 2nd edition, Munich; Oxford; Baden-Baden: C.H. Beck
- Triffterer, O./Ambos, K. (eds.) (2016), Rome Statute of the International Criminal Court. A commentary, 3rd edition, Munich: Beck
Articles
- Askin, K. (1999), Crimes within the Jurisdiction of the International Criminal Court, Criminal Law Forum 10: 33-59
- Clark, R. (2001), The Mental Element in International Criminal Law: The Rome Statute of the International Criminal Court and the Elements of Offences, Criminal Law Forum 12: 291-334
- Cryer, R. (2006), International Criminal Law vs State Sovereignty: Another Round?, European Journal of International Law 16 (5): 979-1000
- Graefrath, B. (1990), Universal Jurisdiction and an International Criminal Court, European Journal of International Law (1990): 67-88
- Kai, A. (1999), General Principles of Criminal Law in the Rome Statute, Criminal Law Forum 10: 1-32
- Nsereko, D. (1999), The International Criminal Court: Jurisdictional and Related Issues, Criminal Law Forum 10: 87-120
- Philips, R. (1999), The International Criminal Court Statute: Jurisdiction and Admissibility, Criminal Law Forum 10: 61-85
- Schabas, W. (2001), International Criminal Court: The Secret of its Success, Criminal Law Forum 12: 415-428
- Tallgren, I. (2002), The Sensibility and Sense of International Criminal Law, European Journal of International Law 13 (3): 561-595
Teaching method
The course will consist of short lectures and seminar-style discussion based on input provided in the form of a power point presentation. The teaching material will consist of both theories on international (and transnational) criminal law, as well as of short cases related to individual liability in the same field.
This said, the students are expected to actively participate in the in-class discussion (including exercises solving), and work on readings to be made accessible before each meeting. The readings will include articles on international criminal justice, court decisions, legal texts as well as short exercises.
The in-class time will also be used in order to discuss at the beginning of each meeting the ¿muddiest¿ point of the previous one, to answer any kind of questions, and to give thoughtful feedback both to the lecturer and the students.
Evaluation method
Students¿ assessment will proceed on the basis of a 3-hour written exam, which will take place on January 27, 2020 at 09:00 o¿ clock. Students will have to answer to both short and open questions, and solve exercises related to the previously described learning outcomes
Subject matter
This course will provide an insight into international criminal law in terms of a relatively new field of international law. For this purpose and after having delineated the notions ¿international justice¿, ¿international criminal law¿ and ¿international crimes¿, it will begin with an examination of the historical development of international criminal law (e.g. by looking into the predecessors of the ICC and exploring their origins, structure and jurisdiction). The course will proceed with discussing thoroughly the sources of international criminal law as well as interpretation in it. It will also place significant importance on modes of liability and grounds for excluding it in the broader context of international criminal law (see the 1st expected outcome - ''identify concepts, terminology, sources and arenas of international criminal law', as well as the 2nd one - 'apply common concepts of criminal law in the field of international criminal law').
Given that ¿international criminal law¿ operates on both domestic and international level, the course will address the prosecution of international crimes in both national criminal courts (e.g. prosecution of organised crime, money-laundering, human trafficking, terrorism) and international ones (prosecution of genocide, crimes against humanity, war crimes and aggression), by examining both the respective theory and cases (see the 3rd expected learning outcome - 'distinguish between transnational crimes prosecuted before domestic courts and international crimes prosecuted before international courts'). As far as the prosecution of international crimes in international courts is concerned, the course will focus on the function of the ICC and the procedure before it, and particularly on the rules included in the Rome Statute. To assess the understanding of the latter, international tribunals that took place before the ICC will be presented in the class (see the 4th expected learning outcome - 'work on cases related to the function of the ICC using the provisions of the Rome Statute'). At the end of the course, the students will explore with the help of the instructor the future of international criminal justice (see the 5th learning outcome - 'develop arguments on the intersection between criminal justice and politics at international level').