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78010 International Criminal Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70311 Torts OR 77885c Legal Process and Legal Research OR (70106c Principles of Public International Law AND 78101c Postgraduate Legal Research) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78154 International Criminal Law

Description

The subject provides an overview of international criminal law, with particular focus on conceptual and historical issues arising from prosecutions for international atrocities, the establishment of international criminal authority, and the legalisation of 'justice'. The subject charts the origins of international criminal law from the post-war settlements of Versailles, and the Nuremberg and Tokyo trials, to national-level prosecutions of international crimes and the establishment of international tribunals. The subject examines international criminal law by assessing its purported objectives—its claims to provide redress, historical narrative (or memory) and deterrence—in light of its substantive achievements and failures, and its continued progress in the contemporary world. The subject examines the core crimes set out in the Rome Statute (war crimes, crimes against humanity, genocide and aggression), and examines the function of the principal international institutions—the ad hoc tribunals, the International Criminal Court, and the 'hybrid' tribunals. Additionally, the subject covers important foundational and doctrinal questions such as jurisdiction and immunities, extended modes of criminal responsibility and circumstances precluding liability. Finally, students have the opportunity to explore in depth a number of areas of interest in the field, including torture, terrorism and corporate complicity in international crimes.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Embed knowledge of the historical and theoretical underpinnings of international criminal law through practice-oriented learning
2. Identify and evaluate different mechanisms for ensuring accountability for serious violations of international law
3. Appreciate the substantive elements of international crimes, the overlap and distinctions between the various crimes, and the context within which they are committed
4. Critically analyse the contemporary challenges and debates relevant to international criminal law
5. Interpret and analyse the relevant literature and sources in a critical manner and present solutions for legal problems after thorough legal research
6. Develop and refine oral communication skills by making formal legal submissions and participating in group-based collaborative learning activities

Teaching and learning strategies

Strategy 1: Embedding practice-oriented skills in seminar delivery through role plays and simulations. These will include a simulation based upon a proposed indictment to be formulated at the International Criminal Court.

Strategy 2: Use of informal learning groups to give students an opportunity to discuss their preparation and to apply their learning to specific scenarios.

Strategy 3: Students are to prepare for seminars in advance, by completing the set text readings. Seminars will provide an opportunity to engage with those readings critically and discuss significant issues and concepts.

Strategy 4: Allow students to choose the format of their written assignment based upon their learning preferences and practice-orientation.

Content (topics)

Topic 1: Objectives and Interests
Topic 2: Origins, Institutions and Actors
Topic 3: Jurisdiction, Admissibility and Immunity
Topic 4: Core Crimes
Topic 5: Modes of Liability
Topic 6: Defences and the Accused
Topic 7: Self-Study Module

Assessment

Assessment task 1: Oral Submission

Weight: 20%
Length:

1,000 words (indicative only - students have the option of submitting a 'speaking note' if they wish)

Assessment task 2: Class participation

Weight: 20%

Assessment task 3: Written Assessment

Weight: 60%
Length:

Written assessments should not exceed 4,000 words for students enrolled in 78010 International Criminal Law (6 credit points) and 5,500 words for students enrolled in 78154 International Criminal Law (8 credit points).

Required texts

The prescribed text for this course is:

  • Antonio Cassese et al, Cassese's International Criminal Law (3rd ed) (Oxford University Press, 2013).

The Cassese text provides an overview of the main parameters of the field. Students should refer to it in preparation for all seminars. It is a slim volume, so some students may prefer to consult the library's copies rather than purchase their own.

Students are also required to read supplementary materials, all of which will be available as eReadings or through the library's eJournal collection. A full reading guide will be distributed at the beginning of semester.

References

Students will receive an extensive reading guide at the beginning of the semester. The following is an introductory list of general international criminal law texts.

Basic International Criminal Law Texts

  • Gideon Boas et al, International Criminal Law Practitioner Library (Cambridge University Press, 2011)
  • Antonio Cassese et al, The Oxford Companion to International Criminal Justice (Oxford University Press, 2009)
  • Antonio Cassese et al, International Criminal Law: Cases and Commentary (Oxford University Press, 2011)
  • Robert Cryer et al, An Introduction to International Criminal Law and Procedure (2nd ed) (Cambridge University Press, 2010)
  • Kriangsak Kittichaisaree, International Criminal Law (Oxford University Press, 2001)
  • Mangai Natarajan (ed), International Crime and Justice (Cambridge University Press, 2011)
  • Jordan Paust et al, International Criminal Law: Cases and Materials (4th ed) (Carolina Academic Press, 2013)
  • Alexander Zahar and Göran Sluiter, International Criminal Law: A Critical Introduction (Oxford University Press, 2007)

Theory, Critique and History of International Criminal Law

  • Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (Penguin, 1963)
  • Gary Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton University Press, 2000)
  • Gideon Boas, William A Schabas and Michael Scharf (eds), International Criminal Justice: Legitimacy and Coherence (Edward Elgar Publishing, 2012)
  • Bruce Broomhall, International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law (Oxford University Press, 2003)
  • Alejandro Chehtman, The Philosophical Foundations of Extraterritorial Punishment (Oxford University Press, 2010)
  • Kamari Maxine Clarke, Fictions of Justice: The International Criminal Court and the Challenge of Legal Pluralism in Sub-Saharan Africa (Cambridge University Press, 2009)
  • Mark Drumbl, Atrocity, Punishment, and International Law (Cambridge University Press, 2007)
  • Kevin Jon Heller and Gerry Simpson (eds), The Hidden Histories of War Crimes Trials (Oxford University Press, 2013) (open access: available for free download)
  • Larry May, International Criminal Law and Philosophy (Cambridge University Press, 2009)
  • William Schabas, Yvonne McDermott and Niamh Hayes (eds), The Ashgate Research Companion to International Criminal Law: Critical Perspectives (Ashgate, 2013)
  • Christine Schwöbel (ed), Critical Approaches to International Criminal Law: An Introduction (Routledge, 2014)
  • Gerry Simpson, Law, War and Crime (Polity, 2007)

Commentaries and Document Collections:

  • Antonio Cassese, Paola Gaeta and John RWD Jones (eds), The Rome Statute of the International Criminal Court: A Commentary (Oxford University Press, 2002)
  • William A Schabas, The International Criminal Court: A Commentary on the Rome Statute (Oxford University Press, 2010)
  • Joradn Paust et al, International Criminal Law: Documents Supplement (2013, Carolina Academic Press)
  • Neil Boister and Robert Cryer, Documents on the Tokyo International Military Tribunal: Charter, Indictment, and Judgments (Oxford University Press, 2008)

Other resources

Key International Instruments

Online Collections and ICL Databases: