INTERNATIONAL CRIMINAL LAW

COURSE OBJECTIVES (COs):

CO1: To make the students familiar with authoritative account of development of international
criminal law.
CO2: To understand the prosecution of these crimes, role of the institutions involved in the
process and the procedures that are followed in investigation.
CO3: To discuss among the students current trends in International Criminal Law and reflections
on issues relating to status of victims.
CO4: To develop among the students the ability to analyse the differences in the jurisdiction of
the International Criminal Court and the International Criminal Tribunals in furtherance of
principles of international criminal law.
CO5: To make the students analyse the responsibility of states for international crimes.

COURSE LEARNING OUTCOMES (CLOs):

After the successful completion of Course Curriculum, a student will have the ability to:

CLO1: Develop clarity on having a uniform jurisdiction to try the offenders keeping aside issues
of nationality and sovereignty.
CLO2: Understand the growing significance of transnational law and institutions, which
undermine the nation - states and their sovereignty.
CLO3: Analyse the Importance placed on the nature of the differing relations that exist between
the ICC, ICTY and ICTR with national criminal courts.
CLO4: Comprehend the provisions and jurisprudence developed by the various tribunals.
CLO5: Understand the dynamics of the most problematic issues of international criminal law in
particular concerning the determinations of jurisdiction and liabilities at international level.

MAPPING MATRIX OF COURSE OBJECTIVES (COs) & COURSE

LEARNING OUTCOMES (CLOs)

CLOs→
CLO1 CLO2 CLO3 CLO4 CLO5
COs↓
CO 1 
CO2 
CO3 
CO4 
CO5  

COURSE CONTENTS

UNIT-I
  CONCEPT AND HISTORICAL EVOLUTION OF INTERNATIONAL
CRIMINAL LAW (ICL)
 FEATURES OF INTERNATIONAL CRIMINAL LAW (ICL)
 SOURCES OF INTERNATIONAL CRIMINAL LAW (ICL)
 PRINCIPLE OF LEGALITY, ELEMENTS OF INTERNATIONAL CRIMES

UNIT II

 SUBSTANTIVE LAW OF INTERNATIONAL CRIMES: GENOCIDE, WAR

CRIMES, CRIMES AGAINST HUMANITY AGGRESSION AND TERRORISM
 ENFORCEMENT OF INTERNATIONAL CRIMINAL LAW — NUREMBERG AND
TOKYO TRIBUNALS (MILITARY TRIBUNALS)
 ADHOC TRIBUNALS: INTERNATIONAL CRIMINAL TRIBUNAL FOR
FORMER YUGOSLAVIA (ICTY) AND INTERNATIONAL CRIMINAL
TRIBUNAL FOR RWANDA (ICTR).
 OTHER COURTS WITH INTERNATIONAL ELEMENTS — SPECIAL
COURT FOR SIERRA LEONA, SPECIAL TRIBUNAL FOR LEBANON,
KOSOVO AND EAST TIMER: SPECIAL PANELS, IRAQI HIGH TRIBUNAL

UNIT III

 INTERNATIONAL CRIMINAL COURT (ICC) — ESTABLISHMENT,

STRUCTURE AND ADMINISTRATION OF THE COURTS, ICC AND UNITED
NATIONS.
 JURISDICTION OF THE ICC — COMPLEMENTARITY OF THE ICC, CO-
OPERATION OF STATES WITH ICC.
 GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL TRIALS;
PROTECTION FROM SELF INCRIMINATION, PRESUMPTION OF
INNOCENSE, TRIAL WITHOUT UNDUE DELAY, DOUBLE JEOPARDY,
PRESENCE OF ACCUSED AT TRIAL.
 INVESTIGATION AND TRIAL BEFORE INTERNATIONAL CRIMINAL
COURT —INVESTIGATION, PREPARATION OF TRIAL, TRIAL
PROCEEDING, ROLE OF VICTIMS AND REPARATIONS, APPEAL,
REVISION AND REVIEW, ENFORCEMENT OF SENTENCES.

UNIT IV

 CRIMINAL LIABILITY UNDER ICL; INDIVIDUAL CRIMINAL

RESPONSIBILITY, SUPERIOR RESPONSIBILITY COMMAND
RESPONSIBILITY.
 MODES OF CRIMINAL LIABILITY
 GROUNDS EXCLUDING CRIMINAL LIABILITY
 FUTURE OF INTERNATIONAL CRIMINAL LAW

TEXT BOOKS:
 1. Ilias Bantekas, International Criminal Law, Hart Publishing.
2. Antonio Cassese, International Criminal Law, Oxford University, Press.
3.William A. Schabas, an Introduction to the International Criminal Court, Oxford University,
Press.
4.Antonio Cassese, International Criminal Law- Cases and Commentary, Oxford University,
Press.
5.Hannah Arendt, Eichmann in Jerusalem, Penguin.
6.International Criminal Law: Cases and Commentary (Paperback) By (author) Antonio
Cassese, By (author) Guido Acquaviva, By Mary De Ming Fan, Alex Whiting.
7.An Introduction to Transnational Criminal Law (Paperback) by Neil Boister.

REFERENCE BOOKS:

1.William A. Schabas and Nadia Bernaz, Routledge Handbook of International Criminal Law,
Routledge.
2.Elies Van Sliedregt, Individual Criminal Responsibility in International Law, Oxford
University, Press.
3.The International Criminal Court: Challenges to Achieving Justice and Accountability in the
21st Century by Mark S. Ellis; Richard J. Goldstone. International Debate Education
Association.