78154 International Criminal Law

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UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78010 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)

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

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
• Research Skills
  Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
• Communication and Collaboration
  Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Teaching and learning strategies

Strategy 1: Embedding practise-oriented skills in seminar delivery through role plays and simulations. These will include a role play on the adoption of the crime of aggression, and 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: Deepen student engagement by providing lecture-based material – including a short introduction to the international legal system, the basic foundations of international criminal justice, and an outline of historical origins – in online audio format via UTSOnline. This will allow students to enhance their engagement with seminar materials, and maximise collaborative learning in contact hours.

Strategy 4: 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 5: Allow students to choose the format of their written assignment based upon their learning preferences and practise-orientation. Students will choose from a self-constructed research paper (6 cp = 4,000) (8 cp = 6,000 words); or a Submission to the ICC in the form of a Memorial to indict.
The research paper will engender the development of advanced critical thinking and legal research skills, as well as sophisticated written communication skills.

The Submission will provide a practical orientation to the development of advanced critical thinking, research and writing skills. Guidance will be provided as to the structure and requirements of the Submission paper (6 cp = 4,000) (8 cp = 6,000 words).
Class contact hours will be used to facilitate the generation of research paper and submission ideas, and to road-test arguments in an informal, collegiate environment.

Content (topics)

Topic 1: What is International Criminal Law? What are its objectives?
Topic 2: Origins of International Criminal Law
Topic 3: International Criminal Tribunals
Topic 4: General Principles of ICL: Defences and Modes of liability
Topic 5: Core crimes: war crimes, genocide, crimes against humanity, aggression
Topic 6: Jurisdiction and Immunities
Topic 7: Contemporary issues in ICL: torture, terrorism, corporate complicity

Assessment

Assessment task 1: Oral Submission

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0
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

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0
Weight:	10%

Assessment task 3: Written Assessment

Either
1. Research paper Or
2. Written Submission to the International Criminal Court

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 4.0 and 5.0
Weight:	70%
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).