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:

1. Demonstrate an advanced, specialised understanding of international law in the area of international criminal law and its basic principles, concepts and methodologies;
2. Demonstrate familiarity with the sources and methods of research in the field of international criminal law;
3. 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;
4. Demonstrate an ability to examine the role played by the United Nations and its subsidiary bodies in the development of international criminal law;
5. 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;
6. 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
7. Plan and execute complex legal research with independence in order to produce original scholarship

Required Resources

Cryer, Robert, Darryl Robinson and Sergey Vasiliev, An Introduction To International Criminal Law And Procedure (Cambridge University Press, 4th ed, 2019).

A full list of readings/E brick will also be made available on Wattle two weeks prior to the course commencement date.

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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: 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	Wednesday 15 February: 11:30am - 5pm Interests and Objectives	A substantial proportion of the online live classes will not be recorded due to the sensitive nature of the material covered and issues discussed.
2	Thursday 16 February: 11:30am - 5pm Origins, Institutions and Actors
3	Friday 17 February: 11:30am - 5pm Jurisdiction, Admissibility and Immunity
4	Tuesday 21 February: 11:30am - 5pm Core Crimes
5	Wednesday 22 February: 11:30am - 5pm Modes of Liability and Defences
6	Thursday 23 February: 11:30am - 5pm Contemporary Contests in International Criminal Law	Oral Submissions

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	01/03/2023	1,2,3,4,5
Written Reflection	20 %	20/02/2023	03/03/2023	1,2
Oral Submission	10 %	23/02/2023	01/03/2023	1,3,5
Major Written Assessment (Option A: Research Essay)	60 %	27/03/2023	19/04/2023	1,2,3,4,5,7
Major Written Assessment (Option B: Written Submission)	60 %	27/03/2023	19/04/2023	1,2,3,5

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Class Participation

Details of Task: Given the importance of interactive learning for this course, you will be given a mark for your contributions to class discussion and group activities throughout the intensive. This component of assessment requires active participation in all classes, and adequate attendance will only go towards a pass for participation. Marks will be based on the quality, not quantity, of your contributions. You will be rewarded for oral contributions that demonstrate you have read the materials and reflected on the issues raised. You will also be rewarded for thoughtful contributions to problem-solving exercises based on hypothetical scenarios.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 10%

Estimated Return Date: 1 March 2023

Assessment Criteria: An assessment rubric will be made available on Wattle.

Assessment Task 2

Written Reflection

Details of Task: This task requires you to prepare a written reflection on one of the in-class activities. It is an opportunity for you to receive formative feedback. Full details will be distributed in the first class of the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 20%

Word Limit: 1,200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF submissions will not be accepted.

Due Date: 5pm, 20 February 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 3 March 2023

Assessment Criteria: An assessment rubric will be made available on Wattle.

Assessment Task 3

Oral Submission

Details of Task: You will deliver a short oral submission on the proposed prosecution of a real life individual for an international crime. These submissions will take place in the final class, and attendance is compulsory. It is an opportunity for you to put your doctrinal knowledge into practice, and you will receive guidance in the development of your oral advocacy skills. Full details will be distributed in the first week of the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 10%

Due Date: In class, 23 February 2023. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: 1 March 2023

Assessment Criteria: An assessment rubric will be made available on Wattle.

Assessment Task 4

Major Written Assessment (Option A: Research Essay)

Details of Task: For your major written assessment task, you will have the opportunity to choose to write a research essay on an approved topic OR to prepare written submissions in a hypothetical prosecution before the International Criminal Court. If you choose to write a research essay (Option A), you will be invited to select your topic from a list of pre-approved topics, or devise your own topic with the assistance of the Course Convenor. Full details will be distributed in the first week of the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 60%

Word Limit: 4,500-4,800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF submissions will not be accepted.

Due Date: 5pm, 27 March 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 19 April 2023

Assessment Criteria: An assessment rubric will be made available on Wattle.

Assessment Task 5

Major Written Assessment (Option B: Written Submission)

Details of Task: For your major written assessment task, you will have the opportunity to choose to write a research essay on an approved topic OR to prepare written submissions in a hypothetical prosecution before the International Criminal Court. If you choose to prepare written submissions (Option B), you will be invited to select a real-life individual as the subject of a hypothetical prosecution. Full details will be distributed in the first week of the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 60%

Word limit: 4,500-4,800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF submissions will not be accepted.

Due Date: 5pm, 27 March 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 19 April 2023

Assessment Criteria: An assessment rubric will be made available on Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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 not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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 Access 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