International Criminal Law

Transcription

International Criminal Law
Course Outline
Course number
RM105
Course title
International Criminal Law
Credit points
2.5(LV) 3.75(ECTS)
Total hours
30
Lecture hours
18
Seminar and other hours
12
Course level
Masters
Prerequisites
COURSE ABSTRACT
The International Criminal Law course is devoted to substantive and procedural aspects of international
criminal law. It will start by examining the origins of international criminal law, general principles of
international criminal law, including principle of legality and individual criminal responsibility. The
course will further focus on a detailed examination of the core international crimes (crimes against
humanity, genocide, war crimes and aggression). The course will then embark on the analysis of different
forms of liability in international criminal law including joint criminal enterprise, command responsibility
as well as various forms of accessory liability. Separate lecture will be devoted to rights of the accused and
defences and grounds excluding criminal liability. The course will continue with an overview of
mechanisms of prosecution of international crimes, including international criminal courts and tribunals,
mixed courts, national judicial institutions and mechanisms of transitional justice (truth and reconciliation
commissions, Gacaca courts etc.), as well as state cooperation with international criminal courts and
tribunals. The course will conclude with new trends in international criminal law focusing on the crime of
terrorism as well as practical and human rights aspects of investigation of the crime of terrorism.
COURSE OBJECTIVES
The objective of the course is to examine substantive and procedural international criminal law by
analysing definitions of core crimes, forms of liability, defences and impediments to prosecution as well as
various mechanisms of enforcement. Lectures on core topics will be followed by seminars which will focus
almost entirely on developing student’s skills in applying legal principles to actual situations and solving
legal problems. The students will also be given the opportunity to develop their research and analytical
skills by submitting a course paper on a current issue of international criminal law. Exploring the
procedural aspects of international criminal law will add to a better understanding of how international
criminal law is enforced in national and international court practice. At the end of this course the students
should be familiar with the core issues of substantive and procedural international criminal law and able
to apply these principles in practical situations, as well as in academic research.
GRADING CRITERIA
Criteria
Weighting
Exam
50%
Course paper
50%
COURSE TEACHERS
No.
Name
Academic degree
Academic position
1
Ilze Tralmaka
LL.M. (Leiden University, University of Latvia)
Lecturer
(Law, Public International Law)
Guenael Mettraux
Ph.D (London School of Economics and
Guest Lecturer
Political Science), LL.M. (University of
2
Lausanne, University College London)
3
Maurice Jeunet
Associate University Degree
Guest Lecturer
(Finance, Management)
COURSE PLAN – MAIN SUBJECTS
No.
1
Subject
Planned hours
12
3
Objectives of international criminal law, definition of an international
crime, origins of international criminal law, principle of legality
Core crimes (crimes against humanity, genocide, war crimes, aggression,
terrorism)
Modes of liability, command responsibility, joint criminal enterprise
4
Defences/Grounds for excluding Criminal Responsibility
4
5
Rights of the accused
2
6
International criminal courts and tribunals, process of international
criminal courts and tribunals, state cooperation, alternative mechanisms
of international criminal justice
4
2
2
4
COURSE PLAN – SESSIONS
Session
Subject
Lecture/seminar
1
Objectives of international criminal law, definition of an
international crime, origins of international criminal law, principle
of legality, sources of ICL
Core crimes I (crimes against humanity, genocide)
Core crimes I
Core crimes II (war crimes, aggression)
Core crimes II
Modes of criminal liability - JCE, Command (superior)
responsibility, accessory criminal liability
Rights of the Accused
Modes of criminal liability
Defences/Grounds for excluding Criminal Responsibility
Defences/Grounds for excluding Criminal Responsibility
International criminal courts and tribunals, state cooperation,
alternative mechanisms of international criminal justice
International criminal courts and tribunals
Emerging international crimes: Terrorism
Emerging international crimes: Terrorism
Revision seminar (Q&A)
Lecture
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Lecture
Seminar
Lecture
Seminar
Guest Lecture
Guest Lecture
Seminar
Lecture
Seminar
Lecture
Seminar
Guest Lecture
Guest Lecture
Seminar
2