The course looks at the rules, concepts, principles, institutional architecture, and enforcement of what we call international criminal law or international criminal justice, or, sometimes, the law of war crimes.
The focus of the course is the area of international criminal law concerned with traditional “war crimes” and, in particular, four of the core crimes set out in the Rome Statute (war crimes, torture as a crime against humanity, genocide and aggression). It adopts a historical, philosophical and practical focus throughout, though the course is mainly directed at the conceptual problems associated with the prosecution of war criminals and, more broadly, legalised retribution. Attention, in this respect, will be directed towards the moral and jurisprudential dilemmas associated with bureaucratic criminality and individual culpability.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate an advanced, specialised understanding of international law in the area of international criminal law and its basic principles, concepts and methodologies;
- Demonstrate familiarity with the sources and methods of research in the field of international criminal law;
- Demonstrate an understanding of the evolution of the concept of international crime, from piracy juris gentium to the drafting of the Statute of the International Criminal Court, as well as the law and procedure regulating the activities of the International Criminal Court;
- Demonstrate an ability to examine the role played by the United Nations and its subsidiary bodies in the development of international criminal law;
- Demonstrate an ability to examine the different international and national procedures for prosecuting or otherwise dealing with international crimes, and the political and legal determinants of those procedures as well as their enforcement;
- Assess the contribution made to the development of international criminal law by the Nuremberg and Tokyo International Military Tribunals, the International Criminal Tribunals for the former Yugoslavia and Rwanda, as well as national tribunals and so-called "mixed tribunals", considering the legal and political questions to which those proceedings give rise; and
- Plan and execute complex legal research with independence in order to produce original scholarship
Additional Course Costs
This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of state.
Required Resources
Roger O'Keefe, International Criminal Law (OUP 2014)
Staff Feedback
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to whole class, groups, individuals, focus group etc
Student Feedback
ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Other Information
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the interim scaling guideline applies to all courses in the LLB (Hons) and JD programs. Please see: https://law.anu.edu.au/current-students/policies-procedures/grading
Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.
Class Schedule
Week/Session | Summary of Activities | Assessment |
---|---|---|
1 | Development, Sources, and Scope of ICL; the substantive law of ICL: genocide | |
2 | The substantive law of ICL: crimes against humanity, war crimes and aggression | |
3 | Jurisdiction and procedure of the international courts: the ICC, the ICTR/ICTY, SCSL, ECCC | |
4 | The objective and principles of ICL, current issues and the future of ICL, alternatives to trial in ICL |
Assessment Summary
Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
---|---|---|---|---|
Essay Plan | 30 % | 12/08/2019 | 19/08/2019 | 1,2,3,4,5,6,7,8 |
Research Essay | 70 % | 09/09/2019 | 08/10/2019 | 1,2,3,4,5,6,7,8 |
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
Policies
ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
Assessment Requirements
The ANU is using 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. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
Moderation of Assessment
Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Assessment Task 1
Learning Outcomes: 1,2,3,4,5,6,7,8
Essay Plan
Nature of Task: The Research Essay Proposal and Plan will be an outline of your final research essay, and will test comprehension and reading skills, the capacity to analyse, synthesize, and critique materials, and the ability to demonstrate independent reasoning and knowledge related to objectives 1-8.
Weighting: 30%
Word limit: 2000 words inclusive of footnotes (exclusive of bibliography)
Release: A list of topics will be provided, but students may develop a proposed topic independently. Topics must be approved by 1 August
Due: 11:55pm 12 August 2019 (AEST)
Late submission without an extension will be accepted up to 10 days after the due date, with late submission penalties applied to the mark.
Estimated return date: 19 August 2019
Assessment Criteria:
a) Understanding of the Issues
· addresses the question and covers all the important points
· evidence of close consideration of the question and the research materials drawn on
· issues raised by the topic are clearly and concisely identified
· material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
b) Communication and Development of Arguments
· clear theme or argument
· arguments logical and well-organised
· ideas/paragraphs linked coherently
c) Argument/Analysis
· originality of ideas and critical analysis of the material
· complexity and insight in dealing with theory/ideas
· suggestions for change where appropriate
· interdisciplinary perspective where appropriate
· addressing opposing arguments
· well-reasoned conclusions
d) Research
· research covering primary and secondary materials
· good organisation of sources and ability to synthesise all the research materials used
· use of theoretical material where appropriate
· range of research sources
· integration of material from research resources into the essay
e) Presentation, style and referencing
· good use of structure, section headings and paragraphs
· clarity and conciseness of expression, interesting and engaging of reader
· use of appropriate terminology and correct grammar, syntax and spelling
· full and accurate footnotes together with a bibliography
· style according to Australian Guide to Legal Citation
· adherence to word limit
Assessment Task 2
Learning Outcomes: 1,2,3,4,5,6,7,8
Research Essay
Nature of Task: The final research essay will test comprehension and reading skills, the capacity to analyse, synthesize, and critique materials, and the ability to demonstrate independent reasoning, critical argumentation skills, and knowledge related to objectives 1-8.
Weighting: 70%
Word limit: 5000 words inclusive of footnotes (exclusive of bibliography)
Due: 11:55pm 9 September 2019 (AEST).
Late submission without an extension will be accepted up to 10 days after the due date, with late submission penalties applied to the mark.
Estimated return date: 8 October 2019
Assessment Criteria:
a) Understanding of the Issues
· addresses the question and covers all the important points
· evidence of close consideration of the question and the research materials drawn on
· issues raised by the topic are clearly and concisely identified
· material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
b) Communication and Development of Arguments
· clear theme or argument
· arguments logical and well-organised
· ideas/paragraphs linked coherently
c) Argument/Analysis
· originality of ideas and critical analysis of the material
· complexity and insight in dealing with theory/ideas
· suggestions for change where appropriate
· interdisciplinary perspective where appropriate
· addressing opposing arguments
· well-reasoned conclusions
d) Research
· research covering primary and secondary materials
· good organisation of sources and ability to synthesise all the research materials used
· use of theoretical material where appropriate
· range of research sources
· integration of material from research resources into the essay
e) Presentation, style and referencing
· good use of structure, section headings and paragraphs
· clarity and conciseness of expression, interesting and engaging of reader
· use of appropriate terminology and correct grammar, syntax and spelling
· full and accurate footnotes together with a bibliography
· style according to Australian Guide to Legal Citation
· adherence to word limit
Academic Integrity
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
Online Submission
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
Hardcopy Submission
For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Late Submission
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
Referencing Requirements
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Privacy Notice
The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.
Distribution of grades policy
Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.
Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for students
The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Convener
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Research InterestsDr Emily Crawford is an Associate Professor at the University of Sydney Law School. Emily has taught international law and international humanitarian law and has delivered lectures both locally and overseas on international humanitarian law issues, including the training of military and government personnel. Emily's current research looks at the legality, legitimacy, and efficacy of non-binding instruments in international humanitarian law. |
Dr Emily Crawford
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Instructor
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Research Interests |
Dr Emily Crawford
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