This course explores the origins, rationales, and institutional mechanisms and development of international criminal law, and discusses its current state and place in the modern international legal system in light of important recent developments. It introduces and examines the so-called “core crimes” of international criminal law, doctrines of individual criminal responsibility, and various judicial bodies enforcing international criminal law. It adopts a historical, philosophical and practical focus throughout to examine moral and jurisprudential dilemmas associated with bureaucratic and mass criminality and individual culpability. The course will also consider the broader functions of international criminal justice project and explore the politics intrinsic to this project as well as crisis and backlashes faced by international criminal law and tribunals.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Synthesise and apply the key principles, concepts, and methodologies of international criminal law to analyse and propose solutions to legal problems.
- Reflect on the historical development, rationale, and institutional architecture of international criminal law.
- Differentiate and appraise the mandate and characteristics of different international criminal tribunals.
- Critically evaluate the roles and functions of international criminal law in global governance.
- Plan and execute a research-based project or piece of scholarship in the area of international criminal law.
Research-Led Teaching
Wanshu Cong teaches and researches in the fields of public international law, international human rights law, international criminal law, and law and technology.
Required Resources
There is no prescribed textbook for this course. Readings/E brick will be made available on Wattle two weeks prior to the course commencement date.
Recommended Resources
Whether you are on campus or studying online, 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
Task submission times refer to Canberra time (AEST/AEDT).
Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
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 any announcements relating to the course.
Artificial Intelligence (AI)
The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.
The following resources may also be useful:
• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.
• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.
• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.
Class Schedule
| Week/Session | Summary of Activities | Assessment |
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| 1 | Tuesday 20 February: 2-4 pm
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In line with the University’s recording policy, lectures will be recorded and made available for students. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided. |
| 2 | Thursday 22 February: 2-4 pm
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| 3 | Tuesday 27 February: 2-4 pm
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| 4 | Thursday 29 February: 2-4 pm
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| 5 | Tuesday 5 March: 2-4 pm
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| 6 | Thursday 7 March: 2-4 pm
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| 7 | Tuesday 12 March: 2-4 pm
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| 8 | Thursday 14 March: 2-4 pm
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| 9 | Tuesday 19 March: 2-4 pm
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| 10 | Thursday 21 March: 2-4 pm
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| 11 | Tuesday 26 March: 2-4 pm
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| 12 | Thursday 28 March: 2-4 pm
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| 13 | Two hours of recorded lectures on modes of liability, jurisdiction, and immunity, to be uploaded on Wattle from March 1 to March 11 |
Tutorial Registration
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Class Participation | 10 % | * | 29/03/2024 | 1,2,3,4,5 |
| Simulation activity | 20 % | 07/03/2024 | 14/03/2024 | 1,3 |
| Reflective note | 20 % | 21/03/2024 | 31/03/2024 | 1,2,3,4 |
| Research Essay | 50 % | 24/04/2024 | 10/05/2024 | 1,2,3,4,5 |
* 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
- Extenuating Circumstances Application
- 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.
Examination(s)
There is no final examination for this course.
Assessment Task 1
Learning Outcomes: 1,2,3,4,5
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.
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: 29 March 2024
Assessment Criteria: The participation mark will focus on your preparations for class, your contributions to class discussions, and your capacity to communicate your knowledge and understanding of the rules and concepts covered in the course. An assessment rubric will be made available on Wattle.
Assessment Task 2
Learning Outcomes: 1,3
Simulation activity
Details of Task: This task will provide students with a fictional case at the International Criminal Court. Students will form groups and develop legal arguments according to the roles assigned. Oral presentations will take place on 7 March 2024.
Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.
Weighting: 20%
Release date: Group formation and the fictional case will be available on Wattle by 5 pm, 26 February 2024.
Due date: 2-4pm, Thursday, 7 March 2024. Due to the nature of the task, non participation of this session will lead to a mark of zero. If you experience extenuating circumstances and cannot attend and present on this time and date, you should apply for an extension here. The College will give you one final opportunity to complete the assessment.
Estimated return date: Thursday, 14 March 2024.
Assessment Criteria: An assessment rubric will be made available on Wattle.
Assessment Task 3
Learning Outcomes: 1,2,3,4
Reflective note
Details of Task: This task requests students to choose one of the questions discussed in the class and write a reflective note. This task will assess students' ability to engage with the readings and class discussions critically and reflectively and help develop students' critical thinking, as well as research and writing skills. Merely summarizing reading materials and class discussions will not be sufficient to pass this task.
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. Inclusive of footnotes in AGLC/OSCOLA format. Footnotes should be used for referencing of sources. The ANU College of Law's Word Length and Excess Word penalties policy can be found here . Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 21 March 2024. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 31 March 2024
Assessment Criteria: An assessment rubric will be made available on Wattle.
Assessment Task 4
Learning Outcomes: 1,2,3,4,5
Research Essay
Details of Task: 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. The essay can be doctrinal or non-doctrinal. You are welcome to share preliminary research outlines with the Course Convenor for feedback by 8 April 2024. Feedback on the outlines will be provided by 10 April 2024. Full details will be provided in the class.
Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.
Weighting: 50%
Word Limit: 4,000 words inclusive of footnotes in AGLC/OSCOLA format.
Submission Requirement: Footnotes should be used for referencing of sources. A list of bibliography is required and will not count towards the world limit. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.
Due Date: 5pm, 24 April 2024. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: 10 May 2024
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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.
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.
Resubmission of Assignments
Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.
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 all ANU students
Convener
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Dr Wanshu Cong
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