OADH 2055 - The International Criminal Court and Human Rights

The course will provide students with a general introduction to international criminal law, focusing on the role of the International Criminal Court. It will begin with a history of the discipline, where the important developments including the Nuremberg trial and the establishment of the ad hoc tribunals for the former Yugoslavia and Rwanda will be reviewed. Then, using the Rome Statute of the International Criminal Court as a framework, the major themes of international criminal justice will be explored: the place of the Court within the international legal system, the crimes that are punished, the relationship with transitional justice initiatives at the national level, general principles of criminal law at the international law, the structure of the Court, the procedure including trials and appeals, sentencing matters and treaty law issues.

Learning outcomes:

1. General grasp of the operation and procedure of the International Criminal Court.
2. Understand the relationship between international criminal law and other branches of international law, including international human rights law and international humanitarian law
3. Appreciate the political dimensions of international criminal prosecution.

Professional Skills:

1. Learn how to read and analyse the judgment of an international court.
2. Writing of an essay presenting a legal issue to a general audience.
3. Engaging in reflective and independent thinking
William SCHABAS,Nikolaos KARMIS
Séminaire
English
There is no pre-requisite. However, students who have not previously studied criminal law are strongly encouraged to familiarize themselves with the subject prior to the course by studying an introductory textbook in criminal law.
Autumn and Spring 2023-2024
Students will be required to submit a short research assignment on a major theme in international criminal justice (50%). At the end of the course, there will be a take-home examination to be completed in a 24-hour period (50%).
Classes will consist of lecture presentations, with questions and discussion by students strongly encouraged. An option extracurricular activities will be organized: a trip to The Hague to visit the International Criminal Court and other international justice institutions.
Schabas (W.), International Human Rights Law, Cases and Materials (a polycopie', distributed to students in pdf format)
Antonio Cassese, International Criminal Law, 2nd ed., Oxford: Oxford University Press, 2008
Antonio Cassese, ed., The Oxford Companion to International Criminal Justice, Oxford: Oxford University Press, 2009
William Schabas, Unimaginable Atrocities, Justice, Politics, and Rights at the War Crimes Tribunals, Oxford: Oxford University Press, 2012