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