Handbook

This course considers contemporary legal issues in international criminal law and transitional justice. It places international criminal law in the broader context of state sovereignty, international peace and security, post-conflict reconciliation and the rule of law. It examines the role of international criminal law and transitional justice within public international law generally, and its relationship with other areas of law, such as state responsibility, human rights, international humanitarian law, national criminal law and international refugee law. It will examine the distinction between state and individual responsibility, consider the development of international criminal law and its institutions, outline the main principles and rules of international criminal law, both substantive and procedural, as well as discussing alternatives to criminal responsibility such as truth and reconciliation commissions and amnesties. In particular, the course will examine the substantive legal framework to ensure accountability for acts of genocide, war crimes, crimes against humanity and other serious violations of international law. It will also assess the history, structure, jurisdiction and jurisprudence of the international criminal tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, as well as the Special Court for Sierra Leone and other hybrid and internationalized tribunals. The role of national legal systems in ensuring accountability for international crimes is also outlined.

Main Topics

• Introduction to international criminal law and its sources.
• International criminal law as distinct from transnational and national criminal law.
• The distinction between individual and state responsibility.
• History of international criminal law and its enforcement.
• Substantive international criminal law: genocide; crimes against humanity; war crimes; aggression; other crimes under international law.
• Enforcement of international criminal law: national courts; the ICTY and ICTR; the International Criminal Court; other hybrid or internationalized criminal tribunals.
• Enforcement: the International Criminal Court: jurisdiction; trigger mechanisms; state cooperation; the relationship with the Security Council; complementarity.
• Defences, immunity and command responsibility.
• Procedural concerns: rights of the accused; fair trial guarantees; victim representation.
• Alternatives to criminal prosecution: duty to prosecute; truth and reconciliation commissions; amnesties; lustration; reparations.