Credit Points 10

Legacy Code 200962

Coordinator Souheir Edelbi Opens in new window

Description This subject critically examines the current state of international criminal law within the broader international legal system. It focuses on both the substantive and procedural law as well as the institutions that regulate the investigation, prosecution and punishment of international crimes. It will explore the elements and jurisprudence surrounding the definition of core international crimes, consider general principles of international criminal law, and analyse the shortcomings of international criminal tribunals from the perspective of the Global South.

School Law

Discipline International Law

Student Contribution Band HECS Band 4 10cp

Check your fees via the Fees page.

Level Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7057

Restrictions

Students must be in 2824 Master of Laws or 2826 Juris Doctor to enrol in this subject.

Students in program 8083 Bachelor of Research Studies or 1923 Master of Global Security and Justice should seek permission from the law school via a rule waiver to enrol in this subject.

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 apply relevant legal principles and procedures to contemporary situations and contexts of international crime. 
3. Critically analyse the theoretical, political, historical and practical dimensions of international criminal law, focusing particularly on critiques relating to/from the Global South. 
4. Critically reflect upon the key challenges, weaknesses and limitations of international criminal law and the international criminal legal system. 
5. Articulate persuasive arguments supported by evidence about key points of international criminal law. 

Subject Content

1. Introduction to International Criminal Law
2. History and Critique of International Criminal Law 
3. Institutions Responsible for Prosecuting International Crimes
4. The International Criminal Court 
5. Genocide.
6. Crimes against Humanity 
7. War Crimes and Aggression
8. Modes of Liability and Defences 
9. Victims and Witnesses in International Criminal Law 
10. Transitional, Indigenous and Community-based Approaches to Justice 
11. Australia and International Criminal Law 
12. The Function of International Criminal Law: Challenges and Opportunities