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Course

International Criminal Law - LAWS8991

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: 2

Enrolment Requirements:

Pre-requisite: Academic Program must be 9200 or 9210 or 5740 or 9230 or 9240 or 5760 or 9281 or 5281 or 9211 or 5211 or 9285 or 5285 or 9220 or 5750.

Excluded: JURD7467, JURD7891, LAWS3067

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. 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 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 and outline the main principles and rules of international criminal law, both substantive and procedural. 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.

This course is not available to JD students. JD students should enrol in the JD equivalent instead - JURD7481 International Criminal Law and Transnational Justice

LLM Specialisations


Recommended Prior Knowledge

None, but LAWS8180 Principles of International Law or equivalent is a recommended pre- or co-requisite.
Similarly, it would be helpful if you have studied Criminal Law or an equivalent.

Learning Outcomes

Students successfully completing this course will be able to:
  • Think critically about law and policy relating to international criminal law.
  • Understand the relationship between the international legal regime and domestic law.
  • Analyse different conceptual approaches to international criminal law.
  • 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.
  • Demonstrate an understanding of the legal framework of the International Criminal Court and its procedures.
  • 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

  • Historical roots of International Criminal Law;
  • The development and operation of the Nuremberg Tribunal, the ad hoc tribunals and the International Criminal Court;
  • Particular international crimes (genocide, crimes against humanity, war crimes, aggression), modes of participation in the commission of such crimes, and defences;
  • International Criminal Law Practice and Procedure;
  • The application of International Criminal Law in domestic criminal courts; and
  • Future directions of the development and application of International Criminal Law.

Assessment

  • Class Participation 10%
  • Case Study Exercise 20%
  • Research Essay 70%
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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