Outline

Overview

International criminal law concerns the prosecution of individuals, mostly military and political leaders, for genocide, war crimes, crimes against humanity and aggression. After being first enforced in the Nuremberg and Tokyo tribunals after World War II, international criminal law has experienced a resurgence in the past twenty-five years. Today, trials under international criminal law are underway at the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, and the mechanism that is finishing cases that began in the international criminal tribunals for Rwanda and the former Yugoslavia. This unit provides a foundational knowledge of the principles of international criminal law, with reference to both historic and ongoing trials. Students will consider the roles of investigators, prosecutors, victims, lawyers, defence, judges, and States in international criminal justice, and will consider controversies and challenges facing international criminal courts and tribunals today. The elements of genocide, war crimes, crimes against humanity, modes of liability and defences will be covered, with case studies on sexual violence crimes and the use of child soldiers. The unit also considers the interaction between the International Criminal Court, national governments, and the United Nations Security Council.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS6896
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Rosemary Grey, rosemary.grey@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Class presentation (evidence in ICL trials) Pre-record a presentation (max 8 mins); Answer lecturer's question (2 mins)	15%	Ongoing Due date: 19 Apr 2022 at 09:00 Closing date: 20 Apr 2022	Approximately 10 minutes
Outcomes assessed:
Skills-based evaluation	Oral Essay Questions Answer two questions about the essay	0%	Ongoing	5 minutes Zoom meeting with lecturer
Outcomes assessed:
Final exam (Take-home extended release)	Final exam One problem-based question. Maximum 3,000 words including footnotes.	50%	Week 13 Due date: 27 May 2022 at 06:00	48 hours
Outcomes assessed:
Assignment	Essay Essay	35%	Week 13 Due date: 18 May 2022 at 18:00	3,000 words
Outcomes assessed:
= Type E final exam ?

Assessment summary

Class presentation (15%)

Pre-record a short Zoom presentation (maximum 8 minutes) that explains how a particular item of evidence which has been considered by the judges in the ICTY, ICTR, ECCC or ICC. Examples include (but are not limited to): footage posted on social media; a witness testimony; a piece of forensic evidence; a document or photograph; a phone or radio intercept. Your presentation should cover:

What the case is about i.e. what charges, what country, what year(s);
Which party or participant led the evidence;
What fact(s) the evidence was led to establish;
Why were those facts legally relevant?
Was the evidence admitted? (why or why not?)
Was the evidence was deemed reliable by the Court (why or why not).

Presentations will be screened during Days 3 & 4 of the unit (19 & 20 April 2022). After your presentation has been screened to the class, the lecturer will ask you one follow up question to answer ‘on your feet’. Your answer is expected to be brief (approximately 2 minutes). These questions will not be difficult. The aims are mainly to enable you to put into practice your oral communication skills, and to dissuade plagiarism and contract-cheating.

The outcome of a successful Special Consideration application prior to the closing date is an extension, in which case, the presentation will be made to the lecturer only, outside of class-time.

Essay (35%)

Write an essay that compares:

the excerpt (on Canvas) of the opening statement by USA Prosecutor Robert Jackson at the International Military Tribunal (IMT) in 1945; and
The opening statement given by one of the ICC Prosecutors (Ocampo, Bensouda, or Khan) at a trial in the ICC.

The instruction to ‘compare’ these two texts means that you must: identify at least one point of similarity and/or difference between them; and critically discuss what that point of similarity and/or difference shows about the ways in which international criminal law (ICL) has, or has not, changed over time.

Guidance

When writing your essay, be mindful that one of the aims of this assessment is to demonstrate your understanding of rules and principles of ICL. Therefore, it is not advisable to write an essay that could have been written without taking this unit (for example, an essay that focuses on courtroom attire, without explaining how this relates to any specific rules or principles of international criminal law, will not suffice).

The essay is also your opportunity to critically assess claims about international criminal law. Better essays will do this by engaging with critical scholarship on international criminal law, including (but not limited to) the critiques explored in Day 4 of the unit. ‘Engaging’ with a critique means relating that critique to your observations about the speeches under consideration. For example, you might argue that such observations support or contradict a particular critique of ICL; or that they reveal a gap in a particular critique of ICL.

The essay is also an opportunity to demonstrate your skills in written communication. You are advised to prioritise clear and accessible writing. To write clearly, you must first formulate your point clearly in your own mind, and then find words that will convey that meaning to your reader. It is never advisable to write sentences that you do not fully understand yourself, in the hope that the reader will be able to guess at your meaning.

A good essay will properly reference all sources that have shaped your thinking, including primary sources (e.g. the two speeches that you are analysing), and secondary sources (e.g. other people’s commentary on those speeches). References must be supplied for a direct quote, or when referring to someone else’s idea. Referencing gives you credibility. It shows that you have done your research and are well informed. Referencing is also necessity to avoid plagiarism and its consequences. For further details, please refer to the ‘plagiarism’ guidelines at: https://www.sydney.edu.au/students/academic-dishonesty.html#plagiarism

As part of the assessment, each student will have a 5-minute Zoom meeting with the lecturer, during the week of 23 to 27 May, in which they will answer two questions about their essay. These questions will not be difficult. The aims are mainly to enable you to put into practice your oral communication skills, and to dissuade plagiarism and contract-cheating.

Essay formalities

Due date

The essay is due on Wednesday 18 May 2022 at 6pm.

The outcome of a successful Special Consideration application prior to the closing date is an extension. Special consideration after that date will be determined by the discretion of the lecturer, taking into account advice from the Associate Dean (Education).

Work submitted late without an extension will incur a penalty of 10% off the total marks available to that piece of assessment. For example, an essay that would have received 30/35, but was submitted on 19 May 2022, will incur a penalty of 7 marks (2 days at 3.5 marks per day, noting that after 6pm on 18 May counts as one day), resulting in a final mark of 23/35 for this essay.

Word count

The word limit is 3,000 words including footnotes. Excess words beyond the initial 3,000 will not be read or assessed.

Citations

Please use Journal of International Criminal Justice style (see style guide on Canvas). This citation style uses footnotes only (no bibliography.

A hyperlink must be supplied for all judicial decisions, legal filings, and court transcripts. This enables the examiner to quickly retrieve and check the cited document. To insert a hyperlink into a footnote, you must select the relevant words, type “control + k”, and insert the URL. This process will be demonstrated on Day 1 of the Unit.

Exam (50%)

The final assessment will be a take-home exam, consisting of one problem question, which could cover any topic covered in the unit.

Guidance

We will do a practice problem question in class, in accordance with the below advice.

When answering the problem question, the following structure is recommended for each legal issue that you identify.

Issue — Identify the legal issue, phrased as ‘whether [insert question]’
Law — Explain the relevant legal rule or principle. Always include a legal authority, for that rule or principle (e.g. an article of a treaty). If the law is ambiguous, it is your job to interpret it.
Apply the law to the facts — Explain how the above legal rule of principle applies to the facts of your case. Here is where you would refer to the facts of other cases, and explain if those facts are distinguishable from those in your case.
Conclude — provide a short conclusion to the legal issue identified in Step 1.

You are advised to use sub-headings to make your analysis easy to follow. For example, if there are several legal issues relating to jurisdiction, it is wise to cluster these together under the sub-heading ‘jurisdiction’, and then follow steps 1-4 for each issue.

Better responses will identify, and will answer, the majority of questions raised on the facts.

Exam formalities

Due date

Students will have 48 hours to complete the exam (6am Friday 27 May until 6am Sunday 29 May). This 48-hour period includes a weekday and a weekend day, in order to accommodate students’ other professional, personal and academic commitments.

In accordance with University-wide expectations, the exam is designed to be possible to complete in 7 hours (3 hours writing and 3-4 hours reading, research and preparation).

A grant of special consideration for this assessment will result in a replacement exam to be scheduled outside the formal exam period and replacement exam period

Word count

The word limit is 3,000 words (including footnotes) for your exam response. Excess words beyond the initial 3,000 will not be read or assessed.

Citations

When citing legal authorities in the exam, a short-form is sufficient. There is no set style. Just be sure to include enough details to allow a reader to identify the relevant source. For example,

Article 7(b) of the Rome Statute can be cited as ‘RS Art. 7(b)’
Paragraph 67 of the ICC Trial Chamber’s judgment in the Lubanga case can be cited as ‘ICC, Lubanga Trial Judgment, 5 April 2012, [67]).’
Page 42 of the textbook can be cited as ‘Cryer, Robinson & Vasisliev 2019, 42’.

Assessment requirement to pass a unit of study:

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Progressive	The development of international criminal law	Block teaching (3 hr)
	The ICC and the enforcement of international criminal law today	Block teaching (5 hr)
	War crimes	Block teaching (2 hr)
	Crimes against humanity and genocide	Block teaching (3 hr)
	Aggression	Block teaching (1 hr)
	Problem question practice: ICC jurisdiction	Block teaching (2 hr)
	Class presentations	Block teaching (2 hr)
	Individual criminal responsibility	Block teaching (2 hr)
	State co-operation with international criminal courts	Block teaching (3 hr)
	Problem question: modes of liability	Block teaching (1 hr)
	Critical perspectives	Block teaching (4 hr)
	Problem question: All topics	Block teaching (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

For postgraduate intensives only: For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty: Excess words beyond the prescribed word limit will not be read or assessed.

Referencing: Please use Journal of International Criminal Justice style (see style guide on Canvas). This citation style uses footnotes only (no bibliography). It is more appropriate to international criminal law than the Austrlaian Guide to Legal Citation.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Please refer reading list on Canvas site.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. understand, and be able to explain, relevant rules and principles of international criminal law
LO2. paraphrase legal documents including judgments and filings of international courts
LO3. communicate legal concepts in a clear and succinct manner in oral and written form
LO4. demonstrate legal problem skills solving in international law, including the capacity to analyse fact patterns, identify relevant legal issues, apply relevant legal tests, and reach a reasoned conclusion.
LO5. identify interesting legal or political issues raised by an ongoing trial for international crimes
LO6. critically assess claims about international criminal law

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

This unit was previously offered some year ago before Dr Grey's appointment in 2018. Minor changes have been made to update the content and make the assessment comply with the current risk assessment tool.

Additional information

Work, health and safety

This unit contains reference to violent material including sexual crimes.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6219: International Criminal Law

Semester 1b, 2022 [Block mode] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Work, health and safety

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect