• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest International Relations, Law
  • Academic career PGRD
  • Mode of delivery In Person

In 2014 this special topic is "Advanced International Criminal Law"

This course will allow students with an interest in international criminal law to gain further specialisation and practical understanding of the current issues faced by modern day international criminal courts and tribunals.  

The course will focus on developments in the International Criminal Court (ICC), the two ad hoc international criminal tribunals (ICTY and ICTR), hybrid international criminal courts such as the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Special Tribunal for Lebanon (STL), as well as domestic approaches to prosecuting international crimes.  

Drawing on the considerable body of law developed by these courts and tribunals on a wide range of substantive and procedural issues in international criminal law, international humanitarian law, international human rights law and fair trial practice, the course aims to equip students with a practical and in-depth understanding of many of the current issues faced by these institutions.  

Topics will include:

  • modes of liability and holding senior leaders to account (theories of co-perpetration such as joint criminal enterprise, co-perpetration based on joint control and indirect perpetration, as well as ordering, aiding and abetting, inciting, planning, superior responsibility and other modes of responsibility);
  • the different procedural approaches in the various courts and tribunals to conducting investigations, running trials and bringing appeals; sentencing issues;
  • more in-depth coverage of certain crimes prosecuted in these courts, including sexual and gender violence;
  • the enhanced role of victims before the courts (in particular their right to participate and to claim reparations); internationalised and hybrid courts and tribunals;
  • an in-depth study of the ICC and its case developments over the past decade.

In addition to lectures, students will have the opportunity to participate in a moot court on some of these issues, thereby enhancing both their practical application of these areas of law and their written and oral advocacy skills.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. To equip students with a more in-depth understanding of substantive and procedural international criminal law principles as developed and applied in the six modern day international criminal courts.
  2. To allow students the opportunity to gain some practical experience in written and oral advocacy skills in arguing some of the principles and issues developed in lectures in a moot court exercise.
  3. To allow students to gain an appreciation of what it is like to work and practice law in an international criminal court or tribunal.

Other Information

The course will be taught by David Re and Helen Brady.   Judge David Re is a judge of the Trial Chamber of the Special Tribunal for Lebanon in The Hague. He was previously an international judge of the Court of Bosnia and Herzegovina in Sarajevo where he sat in trials in genocide and war crimes.  Helen Brady is a Senior Appeals Counsel in the Office of the Prosecutor at the International Criminal Tribunal for the former Yugoslavia.


Indicative Assessment

Students must rely on the approved Means of Assessment available on the Wattle course site approximately 4 weeks prior to the commencement of the course. 

Assessment is likely to consist of: 

  1. Written submission for the moot court (2500-3000 words, with references and footnotes): 30%
  2. Oral submission for the moot court: 20%
  3. Class participation: 10%
  4. Take home exam (multiple choice and short answers): 40%

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

Approximately 26-30 hours of class time (including moot court exercises). Students will also be expected to work in their own private study time to prepare their written submissions and oral submissions for the moot court exercise.  Students will also need to work in their own private study time to do the take home written exam (short answers and multiple choice.)

2014 Intensive Course Dates: 15-19 December

For the LLM Masters Program timetable click here.



Requisite and Incompatibility

To enrol in this course you must have completed LAWS8182 Principles of International Law and be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300SINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Diplomacy/Master of International Law (7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Practice (MLEGP), Master of Legal Studies (7305XMLEGS). OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and completed or be completing five LAWS1000 level or 6100 level courses, and LAWS2250 International Law or LAWS6250 International Law OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions and LAWS8182 Principles of International Law OR Must be studying a Master of Military Law (MMILL) and have completed either LAWS8162 Military Operations Law or LAWS8166 Adv Military Operations Law OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Prescribed Texts

A reading brick of materials will be compiled by the lecturers containing relevant materials and extracts from the statutes, rules of procedure and evidence, decisions and judgements from the various international criminal courts and tribunals. In addition the following texts will likely be prescribed:

•    Cryer, R, Friman, H, Robinson D and Wilmshurst, E, An Introduction to International Criminal Law and Procedure, Cambridge University Press, 2nd ed., 2010
•    Cassese, Acquaviva, Fan and Whiting, International Criminal Law: Cases and Commentary, Oxford: Oxford University Press, 2011

Preliminary Reading

A Course Outline will be available on the Wattle Course page approximately 4 weeks prior to the commencement of the course.

Assumed Knowledge

Students must have completed LAWS8182 Principles of International Law (or equivalent) and LAWS8566 International Criminal Law.

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

There are no current offerings for this course.

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