F1IS 4190 - International Criminal Justice

Although international criminal justice started its journey after the Second World War, it was only after the collapse of the USSR in 1991, that a window of opportunity opened, first for the establishment of two international tribunals, respectively for the former Yugoslavia in 1993 and for Rwanda in 1994, and then, in 1995, for the negotiations on a permanent International Criminal Court (ICC).

The adoption of its Statute in 1998, after three years of heated debates and against the will of powerful States, including the USA, opened new chapters in international criminal justice, by giving a voice to victims and ensuring the criminalisation of sexual and gender crimes. The ICC has, however, faced considerable challenges, as evidenced by the collapse of several cases, a very controversial decision concerning the situation in Afghanistan, and harsh criticism by victims about their access to the Court.

This course will examine the architecture and functioning of international criminal justice through the investigation and prosecution of genocide, crimes against humanity and war crimes in the multiple situations – Ukraine, Palestine, Colombia, Afghanistan, Georgia, Venezuela, Irak/UK - and cases before the ICC, as well as the institutional, political, and procedural dynamics that shape its enforcement, including the fundamental complementarity principle.

Learning Outcomes:

Origins of International Criminal Justice and negotiations on the ICC Statute

Structure, role of the different actors within the ICC, procedural stages and crimes within its jurisdiction

Role of States and the United Nations Security Council in the functioning of International Criminal Justice

Challenges faced by the ICC and the debates around its review

Professional Skills:

Being able to understand and analyse decisions taken by the Prosecutor and/or Judges at the ICC, and their eventual consequences for States and international organisations

Understanding the role of the different actors within the ICC and the internal power struggle

Being able to conduct a legal and political analysis of the functioning of the ICC, its eventual implications for States and international organisations, but also the limitations and challenges the ICC faces

Feedback will be provided on the spot after the oral presentation and thereafter after the correction of the written memorandum.

Active participation in the seminar 10%

Oral presentation (20%) during the seminar (which may be made eventually in a group of 2/3 students) together with a (short and individual) written memorandum (40%, max: 10 pages with bibliography/references) to be submitted after the oral presentation on the subject chosen for the oral presentation (see list of subjects in the Course outline)

Oral examination at the end of the seminar (December) for 15 minutes on a topic drawn at random on the day of the exam 30%