Professional Documents
Culture Documents
BA LLB (H)
Semester X
COURSE SYLLABUS
Course Objectives
The course examines the rules, concepts, principles, institutional architecture, and
enforcement of what we know as international criminal law or international criminal
justice, or, sometimes, the law of war crimes. It situates international criminal law in
the broader context of state sovereignty, international peace and security, post-conflict
reconciliation and the rule of law. The course also 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, international refugee law and national criminal laws. 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.
The prime focus of this course is the area of international criminal law concerned with
traditional ‘war crimes’ and, in particular, four of the core crimes set out in the Rome
Statute (war crimes, torture as a crime against humanity, genocide and aggression).
Specifically, 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. Students opting for this course should have a
preliminary knowledge of Public International Law, and must be able to read,
understand and critically assess intrinsically complex and lengthy source materialsin
International Law that would be discussed at length during the class hours.
Learning Outcomes
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Teaching Methods
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Mandatory Readings:
Additional Readings:
1. Zahar and G. Sluiter, International Criminal Law, Oxford University Press, 2008,
Chapter 3: Custom and Other Sources of Substantive International Law pp.79-
105.
2. D. Akande, ‘Sources of International Criminal Law’, in Cassese (ed), Oxford
Companionto International Criminal Law, Oxford University Press, 2009, pp.41-
53.
3. G. Werle, ‘General Principles of International Criminal Law’, in Oxford
Companion, pp.54-62.
5. T McCormack and G Simpson (eds), The Law of War Crimes: National and
International Approaches, Kluwer Law International, 1997, T McCormack,
Chapter 2: From Sun Tzu to the Sixth Committee: The Evolution of an
International Criminal Law Regime, pp.31-55
6. McCormack and Simpson, Gerry, The Law of War Crimes; National and
International Approaches, R Clark, Chapter 7: Nuremberg and Tokyo in
Contemporary Perspectivepp.171-187.
Mandatory Readings:
Additional Readings:
1. Taylor, Telford The Anatomy of the Nuremberg Trials, Little, Brown and
Company, 1992.
2. G Bass, Stay the Hand of Vengeance: The Politics of War Crimes Trials,
Princeton University Press, 2000, Chapter 5 Nuremberg pp.147-206.
3. N Boister and R Cryer, The Tokyo International Military Tribunal: A Reappraisal,
Oxford University Press, 2008.
4. L Silber and A Little, The Death of Yugoslavia, BBC Documentary and book,
1996.
5. Yale University has documented aspects of the Cambodian genocide, and has a
webpage of resources in relation to it and the criminal proceedings.
http://www.yale.edu/cgp/news.html
6. See also the webpage of the Documentation Centre for Cambodia (DC-Cam):
http://www.dccam.org/
Developments Leading to the Establishment of the ICC Prior to the Rome Conference
- The Rome Conference - Negotiations at the Rome Conference - Debates on Inherent
or Preauthorized Jurisdiction - No Reservations, No Statute of Limitations in the Final
Statute - Overview and Significance of the International Criminal Court - The ICC v
National Sovereignty: Analyzing ICC’s Performance as a Legal and Political
Institution - Global Civil Society and the ICC
Mandatory Readings:
1
Students must visit and browse the ICC’s website, which has links to key documents such as the
Rome Statute, Rules of Procedure and Evidence and the Elements of Crimes, as well as transcripts of
proceedings, the decisions and judgements of the Trial Chambers and Appeals Chambers, and a live
internet video link to trials and appeals.
Additional Readings:
1. Cassese, Antonio, ‘On the Current Trends towards Criminal Prosecution and
Punishment of Breaches of International Humanitarian Law’ (1998) 9 European
Journal of International Law 2-17.
2. The UN has a page devoted to the Rome Statute (the UN convened the conference
that generated the Statute) and related proceedings.
http://www.un.org/law/icc/index.html
3. The Coalition for the International Criminal Court has a website with useful
background information on the court, such as the current status of ratifications of
the Rome Statute and the proceedings of the Assembly of State Parties to the
Statute. http://www.iccnow.org/.
Mandatory Readings:
1. Cassese, International Criminal Law 3rd ed., Chapter 4: War Crimes, pp.63-83
2. Cassese, Acquaviva, Fan and Whiting, ICL: Cases and Commentary, Part II,
Chapter 1:War Crimes pp.117-153 including excerpts from Haradinaj ICTY Trial
Chamber Judgement; Kunarac ICTY Trial Chamber Judgement; Brdjanin ICTY
Appeals Chamber Judgement; Rochling Superior Military Government Court of
French Occupation zone in Germany; Enigster Tel-Aviv District Court; Shimoda
Tokyo District Court; Calley US Court of Military Appeals; Galic ICTY Trial
Judgement.
3. ICTY Statute Articles 2 and 3
4. Geneva Convention IV Article 147
5. Additional Protocol I Articles 11 and 85
6. Geneva Convention IV (Common) Article 3
7. ICC Statute Article 8
8. ICC Elements of Crimes: war crimes
9. Prosecutor v Thomas Lubanga Dyilo, ICC Trial Chamber, Trial Judgement 14
March 2012, paras.600-631.
Additional Readings:
Mandatory Readings:
1. Cassese, International Criminal Law 3rd ed., Ch. 5: Crimes against Humanity,
pp.89-108.
2. Cassese, Acquaviva, Fan and Whiting, ICL: Cases and Commentary, Part II,
Chapter 2: Crimes against humanity pp.154-194 including excerpts from Goring
IMT Nuremberg; Altstotter (Justice Trial) US Military Tribunal in Nuremburg;
TadicICTY Trial Chamber Judgement; Greifelt (RuSHA Trial) US Military
Tribunal in Nuremberg; Papon French Cour de cassation; Limaj Trial Chamber
Judgement; Barbie French Cour de cassation; Martic ICTY Appeals Chamber
Judgement; Kunarac ICTY Appeals Chamber Judgement; Kupreskic ICTY Trial
Chamber Judgement; Nahimana (Media case) ICTR Appeals Chamber
Judgement.
3. ICTY Statute Article 5
4. ICC Statute Article 7
5. ICC Elements of Crimes: crimes against humanity.
6. Prosecutor v Muthaura, Kenyatta and Ali, ICC Pre-Trial Chamber II,
Confirmation of Charges Decision, 23 January 2012, paras.23-37.
7. Prosecutor v Jean-Pierre Bemba Gombo, ICC Trial Chamber III, 21 March 2016,
paras148 – 169 and paras 669- 692 https://www.icc-
cpi.int/iccdocs/doc/doc2226759.pdf
Additional Readings:
1. Zahar and Sluiter, International Criminal Law, Oxford University Press, 2008,
pp.197-219.
2. Matthew Lippman, Crimes against Humanity, 17 B.C. Third World L.J. 171
(1997).
3. Egon Schwelb, “Crimes Against Humanity”, in British Year Book of International
Law, 1946, vol. 178, no. 23, p. 179.
Genocide MODULE 6
The Genocide Convention – The Developments in the Case Law on Genocide – The
Objective and Subjective Elements –The Protected Groups – Two Problematical
Aspects of Genocide – Genocide and Crimes against Humanity – Article 6 of the ICC
Statute and Customary International Law
Mandatory Readings:
Additional Readings:
Mandatory Readings:
On superior responsibility:
1. Zahar and Sluiter, International Criminal Law, Oxford University Press, 2008,
Chapter 7.2: Joint Criminal Enterprise pp.221-257.
2. H Olasolo, The Criminal Responsibility of Senior Political and Military Leaders
as Principals to International Crimes, Oxford University Press, 2009.
3. G Werle, ‘International Criminal Responsibility in Article 25 ICC Statute’, (2007)
5 Journal of International Criminal Justice, pp.953-975.
Additional Readings:
On ordering:
On planning:
On superior responsibility:
1. Cassese, International Criminal Law, 3rd ed., Chapter 11: Liability for Omissions
pp.233-252
2. Zahar and Sluiter, International Criminal Law, Oxford University Press, 2008,
Chapter 7.3: Command Responsibility pp.257-271.
3. WH Parks, ‘Command Responsibility for War Crimes’ (1973), 62 Military Law
Review, pp.1-104.
4. JA Williamson, ‘Some Considerations on Command Responsibility and Criminal
Liability’ (2008) 90 International Review of the Red Cross, pp.303-317.
5. C Meloni, 'Command Responsibility: Mode of Liability for the Crimes of
Subordinates or Separate Offence for the Superior?' Journal of International
Criminal Justice, Vol 5 July 2007, pp.619-637.
6. J Martinez, 'Understanding Mens Rea in Command Responsibility, from
Yamashita to Blaskic and Beyond', Journal of International Criminal Justice, Vol
5 July 2007, pp.638-664.
7. V Nerlich, 'Superior Responsibility under Article 28 ICC Statute: for What
Exactly is the Superior Held Responsible?', Journal of International Criminal
Justice, Vol 5 July 2007, pp.665-682.
Prosecution of Sexual and Gender related Violence in International Criminal Justice System
MODULE 8
Mandatory Readings:
Additional Readings:
1. C Steains, ‘Chapter 12: Gender Issues’ in The International Criminal Court, The
Making of the Rome Statute,R Lee ed., Kluwer Law International, 1999, pp.357-
390.
2. S Brammertz and M Jarvis ‘Lessons Learned in Prosecuting Gender Crimes under
International Law: Experiences from the ICTY’ in Protecting Humanity, Essays
inInternational law and Policy in Honour of N Pillay, Eboe-Osujied, Martinus
Nijhoff, Leiden 2010, pp.96-117.
3. E La Haye, Chapter 5: Elements of War Crimes (rape) in The International
Criminal Court, Elements of Crimes and Rules of Procedure and Evidence, Roy
Lee ed, Transnational Publishers 2001, pp.187-190.
4. W Schomburg and I Peterson, ‘Genuine Consent to Sexual Violence under
International Criminal Law’, 101 American Journal of International Law, 2007,
pp.121-140.
5. H Brady, ‘The Power of Precedents: Using the Case Law of the International
Criminal Tribunals and Hybrid Courts in Adjudicating Sexual Violence and
Gender-Based Crimes at the ICC, 2012, 18(2) Australian Journal of Human
Rights.
Mandatory Readings:
1. Cassese, International Criminal Law, 3rd ed., Chapter 14: International Criminal
Courts, pp.253-270. .
2. Cryer, Friman, Robinson, Wilmshurst, An Introduction to International Criminal
Law and Procedure, Cambridge University Press, 3rded. 2014, Chapter 9: Other
Courts with International Elements, pp.181-201.
Additional Readings:
1. Cerone, J., ‘The Special Court for Sierra Leone: Establishing a New Approach
to International Criminal Justice’ (2002) 8 ILSA Journal of International &
Comparative Law 379.
2. Cryer, R., ‘A Special Court for Sierra Leone?’ (2001) 50 International &
Comparative Law Quarterly 435
8. Knoops, G., ‘International and Internationalized Criminal courts: the new face
of international peace and security’ (2004) 4 International Criminal Law
Review 527