International Criminal Law
| Module title | International Criminal Law |
|---|---|
| Module code | LAWM683 |
| Academic year | 2020/1 |
| Credits | 30 |
| Module staff | Dr Agnieszka Jachec-Neale (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 12 |
|---|
Module description
International Criminal law is exciting, relatively new but rapidly developing field of international law. Having emerged from the post Second World War tribunals, in the past 50 years it has grown and expended in respond to constant demands for effective international criminal justice. Serious violations of human rights, grave breaches of international humanitarian law and acts of aggression now frequently spark calls for international criminal justice. In this module you will study both institutional and substantive aspects of international criminal law. In this module you will cover substantive, procedural and institutional aspects of international criminal law. We will begin by examining the core four international crimes namely: war crimes, crimes against humanity, genocide and crime of aggression. We will consider their creation, evolution, nature and scope of these crimes. We will then move to discussion of form of liability or criminal responsibility and examine various defenses, which can be raised during the trials.
This topic will lead you to the second part of the module, which focuses on examination of numerous international institutions involved in dispensing international criminal justice and involved in development of international criminal law. We will consider the selected institutions in a historical order with focus on each institution nature, function and its lasting impact in the field of international justice. The institutions we will focus include International Military Tribunals for Nuremberg and the Far East, ad hoc International Criminal Tribunals for Former Yugoslavia and Rwanda, the first permanent international court- International Criminal Court. We will also consider internationalised and domestic prosecutions, their role in addressing mass atrocities and how they operate alongside other alternative and non-judicial accountability mechanisms. We will finish our module with a critical outlook and debate on current developments and challenges of international criminal justice.
Prior exposure to public international law is recommended, but is not absolutely essential for the study of this module. Students who have not studied public international law in the past are advised to undertake additional introductory reading and will be offered specific guidance. Teaching method for this module consists of weekly seminars requiring active participation and engagement by all students under the guidance of the module convenor.
Students enrolled on this module are Student Members of the Exeter Centre for International Law and are expected to participate in relevant events of the Centre as part of this module.
Module aims - intentions of the module
The aim of this module is to use research-enriched teaching to provide you with an understanding of both institutional and substantive aspects of international criminal law. The module will examine key institutional developments in the field of international criminal law and encourage you to reflect critically on the nature, function, strengths and weaknesses of various international criminal justice mechanisms. It will also develop your understanding of the evolution and current scope of international crimes and aspects of individual criminal responsibility. This will enable you to gain an appreciation of the role that international criminal justice can and should play as part of a wider response to mass atrocity.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. critically evaluate legal institutions that have been established to investigate and prosecute international crimes;
- 2. demonstrate detailed knowledge of the law relating to international crimes, criminal procedure and aspects of individual criminal responsibility;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate detailed knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the ability to explain the relationships between them;
- 4. demonstrate detailed knowledge of legal concepts and their contextual/social/political implications;
- 5. integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. identify, retrieve and use efficiently and autonomously a range of library-based and electronic resources; and
- 7. communicate and engage in debate effectively, confidently and autonomously, orally and in writing, in a manner appropriate to the discipline.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will include will cover some or all of the following topics:
- Introduction to international criminal law – what is an international crime?
- War Crimes and Crime of Aggression
- Crimes Against Humanity
- Genocide
- Selected transnational Crimes incl. Terrorism and Financing Terrorism, Drug or Human Trafficking, Cyber Crime or Modern Day Piracy
- Liability in international criminal law and defences
- International Military Tribunals; ICTY and ICTR
- International Criminal Court
- Internationalised criminal courts and domestic prosecutions
- Transitional Justice
- International criminal justice: current and future challenges
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 267 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 33 | The module will be divided into 11 interactive seminars of 3 hours each, requiring active participation of the whole group. |
| Guided Independent Study | 180 | Assigned seminar readings (including for the seminar paper). |
| Guided Independent Study | 24 | Preparation of seminar essay and presentation: students will research and write a paper on the seminar topic, presenting it to the rest of the group. |
| Guided Independent Study | 60 | Research for and writing of summative/assessed essay. |
| Guided Independent Study | 3 | Attendance at relevant events organised by the Exeter Centre for International Law |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay on a topic set by the lecturer | 1,000 words | 1-7 | Individual written or oral feedback from module convenor and seminar group. |
| Individual Presentations | 30 minutes | 1-7 | Individualised oral feedback from module convenor. Collective oral feedback from module convenor and the seminar group |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 7,500 words | 1-7 | Written individualised feedback with percentage grade |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (7,500 words ) | 1-7 | August/September reassessment period. |
Re-assessment notes
Students resubmitting their essay will have to choose a different topic and/or title from the essay(s) that they submitted originally.
Indicative learning resources - Basic reading
A. Cassese and others, Cassese’s International Criminal Law, 3nd edition (Oxford University Press, 2013)
R.O’Keefe, International Criminal Law (Oxford University Press, 2015)R. Cryer et al., An Introduction to International Criminal Law and Procedure (Cambridge University Press, 2007)
W. A. Schabas, An Introduction to the International Criminal Court, 4th edition (Cambridge University Press, 2011)
A. Cassese, P. Gaeta and J. R. W. D. Jones, The Rome Statute of the International Criminal Court (Oxford University Press, 2002)
Indicative learning resources - Web based and electronic resources
International Criminal Tribunal for the Former Yugoslavia Sources: http://www.un.org/icty/
International Criminal Tribunal for Rwanda Sources: http://www.ictr.org/
International Criminal Court Sources: http://www.icc-cpi.int/
Indicative learning resources - Other resources
American Journal of International Law (AJIL)
European Journal of International Law (EJIL)
Criminal Law Forum du Droit International (C L For)
International and Comparative Law Quarterly (ICLQ)
Journal of International Criminal Justice (JICJ)
Leiden Journal of International Law (LJIL)
International Criminal Law Review (ICLR)
Journal of Conflict and Security Law (JCSL)
Criminal Law Forum (CFL)
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 01/11/2013 |
| Last revision date | 27/08/2019 |
