International Criminal Law (LAWS6219)

UNIT OF STUDY

In the past twenty years international criminal justice has had a resurgence as a key way to address war crimes, crimes against humanity and genocide. Since the early 1990s the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have prosecuted a number of high level perpetrators of international crimes. These courts paved the way for the multilateral treaty establishing the permanent International Criminal Court in 1998. More recently, hybrid or internationalised criminal courts like the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon have dealt with crimes of international concern. This unit will examine how these institutions use the rule of law to help stop the cycle of impunity for perpetrators of mass atrocities. Using cases before the international courts and tribunals, the course will examine both substantive and procedural international criminal law. The elements of genocide, war crimes, crimes against humanity (including crimes of sexual and gender violence) and terrorism, modes of liability and defences will be covered, as will international criminal procedures from the investigation through to the pre-trial, trial, sentencing and appeal stages. Students will gain an overall understanding of international criminal law, as well as exposure to some of the interesting issues confronting the international criminal courts and tribunals today.

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Further unit of study information

Classes

Jul 3 (4-7), 4 (4-8), 5 (10-2) & 7 (4-7), 10 (4-7), 11 (4-8) & 12 (10-3)

Assessment

class participation (10%), take-home exam on hypothetical and practical question-solving (40%) (exam released 14 July and answers due 21 July), 4000wd essay (50%) (due 22 August)

Faculty/department permission required?

No

Unit of study rules

Prohibitions

LAWS6896

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If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student.

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Cross-institutional study

If you are from another Australian tertiary institution you may be permitted to underake cross-institutional study in one or more units of study at the University of Sydney.

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