INTERNATIONAL CRIMINAL LAW

UNDER GRADUATE – VIII SEMESTER

SESSION 2021-2022
(FEBRUARY – JUNE)

FACULTY: Mr. ANUBHAV KUMAR

National University of Study and Research in Law, Ranchi

Ranchi (Jharkhand)
INDIA

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BACKGROUND

International Criminal Law (ICL) is a discipline that straddles Public International Law and
Criminal Law. It simultaneously derives its origin from and continuously draws upon International
Humanitarian Law, Human Rights Law, and National Criminal Law as well. At its origin, ICL was
chiefly concerned with offences committed during armed hostilities in times of war . There after ,
since World War II that new categories of crimes have developed. As for the rules on international
criminal proceedings, they were first laid down in the Statutes of International Military Tribunal
and the International Military Tribunal for the Far East. However, the recent establishment of
international criminal tribunals and in particular, of the International Criminal Court, has given a
stupendous impulse to the evolution of a corpus of international criminal rules proper.

OBJECTIVES OF STUDY:
This course has been designed to develop among students an understanding of the
development of major areas in ICL. The endeavour has been to present a concise yet comprehensive
overview of the subject with a view to provide basic information to the students at the
undergraduate level through this optional course.

The aim of the course is as follows:

It seeks to enable students to develop an awareness of the basic concepts of substantive

international criminal law.

It intends to cover origins of international criminal law, its progressive development in terms of
substantive law since the Second World War, and the progress made towards the establishment of
permanent International Criminal Court.

It lays emphasis on objective and subjective components the core crimes : war crimes, genocide,
crimes against humanity and crime against peace A particular emphasis will be placed on the
Statute of the International Criminal Court entered into force in 2002.

It aims to give students a comprehensive understanding of international criminal law (ICL) and
its broad interrelationship with some of the other branches of international law, particularly
international humanitarian law and international human rights law.

TEACHING- LEARNING METHODOLOGY:

The course would involve 4 hours of class room teaching every week . Class room teaching
involves lecture mode, case studies, discussions and presentations by students on selected topics of
the week.

EVALUATION SCHEME:
a) Continuous Assessments 30%

b) Mid Term 20%

c) End Term 50%

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COURSE SYLLABUS

MODULE 1: FUNDAMENTALS OF ICL

1.1 Notion of ICL

1.2 General features of ICL

1.3 Sources of ICL

1.4 Historical evolution

1.5 Developments within League of Nations

1.6 Nuremberg and Tokyo tribunals

1.7 Adhoc and Mixed Tribunals

MODULE 2: GENERAL PRINCIPLES OF ICL

2.1 The principle of individual criminal responsibility

2.2 The principle of legality of crimes

2.3 Articulation of the principle of legality

2.4 The principle of legality of punishments

MODULE 3 : INTERNATIONAL CRIMINAL COURT

3.1 Establishment of the court

3.2Structure and Administration of the court

3.3Relationship with the United Nations

3.4 Organs of the Court: The Presidency, The chambers, Office of the prosecutor, Assembly of
States parties and Review conference.

3.5 Jurisdiction of the court

3.6 Complementarity Principle

MODULE 4: INTERNATIONAL CRIMES

4.1 War Crimes: notion and origin, objective and subjective elements, link with armed conflict, war
crimes under ICCStatute

4.2 Crimes Against Humanity: notion and origin, objective and subjective elements, possible
authors and victims, crimes against humanity under customary international law and ICC Statute

4.3 Genocide: notion and origin, objective and subjective elements,1948 Geneva Convention,
genocide under customary international law and ICC Statute

4.4 Aggression

4.5 Torture

4.6 Terrorism

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4.7 Piracy

MODULE 5: GENERAL PRINCIPLES OF CRIMINAL LIABILITY

5.1 Introduction
5.2 Perpetration/commission
5.3 Joint criminal enterprise
5.4 Aiding and abetting
5.5 Ordering, instigating, soliciting, inducing and inciting
5.6 Planning, preparation, attempt and conspiracy
5.7 Mental elements
5.8 Command/superior responsibility
MODULE 6: DEFENCES/GROUNDS FOR EXCLUDING CRIMINAL RESPONSIBILITY
6.1 Introduction
6.2 The ICC Statute and defences
6.3 Mental incapacity
6.4 Intoxication
6.5 Self-defence, defence of others and of property
6.6 Duress and necessity
6.7 Mistake of fact and law
6.8 Superior orders
6.9 Other ‘defences’

READINGS:

Statutes and Conventions:

 Rome Statute for the InternationalCriminal Court, July 17, 1998, 37 I.L.M. 1002

 The Rules of Procedure and Evidence (ICC)

 The Elements of Crimes (ICC)

 Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of the Former
Yugoslavia Since 1991, May 25, 1993, 32 I.L.M. 1192.

 Statute of the International Tribunal for Rwanda, Nov. 8, 1994, 33 I.L.M. 1602

 Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by the
GeneralAssembly of the United Nations on 9 December 1948, Jan 12, 1951.

 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment, Dec. 10, 1984, U.N . Doc. A/RES/39/46.

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  Principles of International Cooperation in the Detection, Arrests, Extradition and
Punishment of Persons Guilty of War Crimes and Crimes Against Humanity, 1973.

BOOKS

Bantekas, Ilias, International CriminalLaw, 4th ed., Oxford: Hart, 2010

Bantekas, Ilias and Susan Nash, International Criminal Law, 3rd ed., NY: Routlege Cavendish
Publishing, 2009
Bassiouni, Cherif M., Introduction to International Criminal Law, Ardsley, NY: Transnational
Publishers, 2003
Bassiouni, Cherif M., International Criminal Law, 3rd ed., Leiden, The Netherlands: Martinus N
ijhoff, 2008
Belleli, Roberto, ed., International Criminal Justice: Law and Practice from the Rome Statute to
itsReview, England: Ashgate Publishing, 2010
Brown, Bartram S, ed., Research Handbook on International Criminal Law,UK : Edward Elgar,
2011
Cassese, Antonio, InternationalCriminal Law, 2nd ed., Oxford: OUP, 2008
Cassese, Antonio, Guido Acquaviva, Mary Fan and Alex Whiting, International Criminal Law:
Cases and Commentary, London: OUP, 2011
Cassese, Antonio, ed., The Oxford Companion to International Criminal Justice, Oxford: OUP,
2008
Cyrer, Robert, HakanFriman, Darryl Robinson and Elizabeth Wilmhurst, An Introduction to
International Criminal Law and Procedure, 2nd ed., Cambridge, UK : Cambridge University
Press, 2010
Doria, Jose (et al.), ed., The Legal Regime of the International Criminal Court: Essays in Honour
of Professor Igor Blishchenko, Leiden, The Netherlands: MartinusNijhoff, 2009
Herik, Larissa van dek and Carsten Stahn, ed., The Diversification and Fragmentation of
International Criminal Law, Leiden, The Netherlands: MartinusNijhoff, 2012
Knoops, Geert-Jan Alexander, Defenses in Contemporary International Criminal Law, 2nd ed.,
Leiden, The Netherlands: MartinusNijhoff, 2007
Sadat, Leila Nadya and MichaelP. Scharf, ed., The Theory and Practice of International Criminal
Law: Essays in Honour of M. CherifBassiouni, Leiden, The Netherlands: MartinusNijhoff, 2008
Schabas, William A, Nadia Bernaz, Routledge Handbook of International Criminal Law, Taylor
& Francis, 2010
Schabas, William A, An Introduction to the Inetrnational Criminal Court, 4th ed., Cambridge:
Cambridge University Press, 2011

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 Sunga, Lyal S., The Emerging System of International Criminal Law: Developments in
Codification and Implementation, Hague, The Netherlands: Kluwer Law International, 1997
Werle, Gerhard, Principles of InternationalCriminal Law, 2nd ed., Hague: TMCAsser, 2009
Werle, Gerhard and Florian Jessberger, Principles of International Criminal Law, 3rd ed., Oxford:
OUP, 2014
Zeidy, Mohammed M E l, The Principle of Complimentarity in International Criminal Law:
Origin, development and Practice, Leiden, The Netherlands: MartinusNijhoff, 2008

ONLINE RESOURCES

The materials in the following websites are helpful:

http://www.icty.org (International Criminal Tribunal for the former Yugoslavia)

http://www.ictr.org (International Criminal Tribunal for Rwanda)
http://www.icc-cpi.int (International Criminal Court)
http://www.icrc.org/ (International Committee of the Red Cross)
http://www.iccnow.org/ (Coalition for the International Criminal Court)

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