- Code LAWS8290
- Unit Value 6 units
- Offered by Law School
- ANU College ANU College of Law
- 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.
Upon successful completion, students will have the knowledge and skills to:
- 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.
- 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.
- To allow students to gain an appreciation of what it is like to work and practice law in an international criminal court or tribunal.
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.
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:
- Written submission for the moot court (2500-3000 words, with references and footnotes): 30%
- Oral submission for the moot court: 20%
- Class participation: 10%
- Take home exam (multiple choice and short answers): 40%
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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
Requisite and Incompatibility
Prescribed TextsA 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
A Course Outline will be available on the Wattle Course page approximately 4 weeks prior to the commencement of the course.
Assumed KnowledgeStudents must have completed LAWS8182 Principles of International Law (or equivalent) and LAWS8566 International Criminal Law.
Tuition fees are for the academic year indicated at the top of the page.
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- Student Contribution Band:
- Unit value:
- 6 units
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Offerings, Dates and Class Summary Links
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