Credit Points 10

Legacy Code 200962

Coordinator Manuel Ventura Opens in new window

Description This subject analyses the state of international criminal law and its place in the modern international legal system in light of important recent developments. It discusses why a State's national criminal laws should accord with international developments. It focuses on substantive and procedural law and examines relevant international legal concepts, general principles of international criminal law, and how international criminal tribunals function. It considers particular international crimes, participation in such crimes, defences, and important recent cases such as those of Augusto Pinochet and Slobodan Milosevic.

School Law

Discipline International Law

Student Contribution Band HECS Band 4 10cp

Level Postgraduate Coursework Level 7 subject

Restrictions

Students must be enrolled in 8083 Bachelor of Research Studies/Master of Research, 8084/8085 Master of Research, 2824 Master of Laws, 2784 or 2810 Master of Laws (International Governance) or 2826 Juris Doctor.

Assumed Knowledge

Bachelor of Laws or equivalent qualification.

Learning Outcomes

On successful completion of this subject, students should be able to:

1. Evaluate fundamental principles of international criminal law, including an understanding of the issues involved in the regulation of international crimes;
2. Critically analyse and evaluate the principal institutions of the international criminal legal system;
3. Analyse and evaluate the major differences between international and national law in dealing with acts that constitute international crimes;
4. Assess the major challenges to, weaknesses and effectiveness of, the international criminal law and the international criminal legal system;
5. Apply principles of international criminal law and justice to contemporary issues by problem solving.

Subject Content

- evolution and structure of international criminal Law and legal system
- sources of international criminal Law and justice
- fundamental principles of international criminal Law and justice
- Substantive Crimes
- establishment of international criminal tribunals
- International Tribunals: the Nuremberg and Tokyo Trials, the United Nations ad hoc Tribunals (Former Yugoslavia/Rwanda), other International(ised) Tribunals
- The international criminal court, Jurisdiction and procedural Issues
- international v national Jurisdiction
- Immunity from Jurisdiction
- Punishment under international criminal Law and The function and role of Truth Commissions