International Criminal Law

2020/2021

Academic Year

ENG

Instruction in English

6

ECTS credits

Delivered at:

School of International Law

Course type:

Elective course

When:

4 year, 1, 2 module

Instructor

Bogush, Gleb

Course Syllabus

Abstract

The course “International Criminal Law” deals with the issues of contemporary international criminal law and procedure. It covers the history and sources of the international criminal law, criminal jurisdiction of states and immunities, mutual legal assistance in criminal matters and extradition, institutions of international criminal justice with a special focus on the permanent International Criminal Court, criminal responsibility of individuals for genocide, crimes against humanity, war crimes and the crime of aggression. A special emphasis is made on the use of Socratic method, case studies and combination of individual and collective exercises. During the course on International criminal law students are supposed to participate in a moot court exercise simulating a case before the International Criminal Court, write a home work based on a case study, and one in-class test consisting of open and multiple-choice questions. There is a written examination at the completion of the course. The examination assignment includes open questions and a case-study.

Learning Objectives

• Learning Objectives The major objective of the course is to make students able to interpret and apply the principles and rules of international criminal law, make legal research and solve the individual cases involving the questions of international criminal law.

Expected Learning Outcomes

• the role and importance of international criminal law on contemporary international relations; key concepts of ICL;
• most important sources of ICL, including landmark cases decided by international criminal courts and tribunals.
• to use specific terms and sources of the international criminal law;
• practical abilities of research, analysis of judicial decisions and scholarly writings;
• skills to analyse and solve cases, building up of the legal position and composition of procedural documents on cases in the sphere of international criminal law.
• ability to work with information (search, evaluate, use information, necessary for
• fulfilment of scientific and professional tasks, from various sources, including application of the systematic approach);
• ability to carry out professional activities in the international environment;
• ability to search, analyse, and work with legally relevant information by using the juridical, comparative and other specific methods,
• ability to describe legal problems and situations in the field of international criminal law.

Course Contents

• Notion and Main Features of International Criminal Law
  Emergence and historical development of international criminal law (ICL). The Notion of ICL. Theoretical approaches to international criminal law: ICL in a broad and in a strict sense. System of ICL. Interplay between ICL and other branches of (public) international law. International criminal law and national legal systems. Sources of international criminal law. Interpretation of the ICL norms.
• Criminal Jurisdiction of States and Immunities
  Notion of jjurisdiction in International law. International legal principles and rules governing criminal jurisdiction of States. Major principles (heads) of jurisdiction: territorial, active personality, passive personality, protective. Jurisdiction in airspace, maritime areas, and outer space. Jurisdiction in cyberspace. Universal Jurisdiction. International law of immunities from criminal jurisdiction. Personal and functional immunities of diplomats and state officials.
• Mutual Legal Assistance in Criminal Matters and Extradition
  Principles and rules governing mutual legal assistance in criminal matters in international law. Recognition and execution of foreign judgements and other judicial decisions. Extradition in international law. Principles and rules of extradition. Surrender of convicted persons.
• International Criminal Justice. Procedure before International Criminal Courts and Tribunals.
  Notion of international criminal justice (ICrJ). Specific features of ICrJ institutions. Institutes of international criminal justice and their organizational design. Relationship with national criminal justice systems. UN ad hoc criminal tribunals for the former Yugoslavia and Rwanda. Hybrid and internationalized criminal tribunals.
• International Criminal Court.
  Organization of the Court. Applicable law of the ICC. Jurisdiction of the ICC. Triggering mechanism. Admissibility of situations and cases before the ICC. Complementarity. Procedure before the ICC. Confirmation of charges, trial and appeals. Status of victims and reparations. ICC cooperation with the states and international organizations.
• Individual Criminal Responsibility in International Criminal Law and Defences.
  Principle of individual criminal responsibility in ICL Principal and accessorial liability. Joint Criminal Enterprise, Co-perpetration, Joint control over the crime. Superior (command) responsibility Circumstances excluding criminal responsibility (defences) in ICL.
• International Crime
  Approaches to definition of international crimes. Feautures of international crimes. Core international crimes and “treaty crimes”. Hierarchy of international crimes. Structure of international crimes. Contextual element.
• War Crimes
  Definition of war crimes. "Tadic test”. International humanitarian law. Classification of armed conflicts. Nexus requirement. Typology of war crimes.
• Crimes against Humanity
  Definition of crimes against humanity (CAH) and their normative evolution. ILC Draft articles on crimes against humanity. Elements of crimes against humanity. Crimes of persecution, torture, enforced disappearance, apartheid and other underlying acts of crimes. Contextual elements.
• Genocide
  Emergence and evolution of the notion of genocide Convention on the prevention and punishment of the crime of genocide (Genocide Convention) Geographical groups protected by the Genocide Convention. Elements of the crime of genocide.
• Crime of Aggression
  Emergence of crimes against peace and Prohibition of the use of force in international law. Definition of the act of aggression. Elements of the crime of aggression. State and individual conduct. Leadership requirement Jurisdiction of the ICC over the crime of aggression

Assessment Elements

• Rating system. Online.
  incl. written and oral tasks, presentations, written tests and Moot court exercise.
• Written Exam. Online.

Interim Assessment

• Interim assessment (2 module)
  0.5 * Rating system. Online. + 0.5 * Written Exam. Online.

Bibliography

Recommended Core Bibliography

• An introduction to international criminal law and procedure, Cryer, R., 2019

Recommended Additional Bibliography

• International criminal law, O'Keefe, R., 2017