Units

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Sample subject outline - 6 Week Teaching Period - 1 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The last fifteen years has seen the transformation of International Criminal Justice. The creation of the ad hoc international criminal tribunals by the UN Security Council, the emergence of hybrid courts and the establishment of the International Criminal Court under the Rome Statute has fuelled developments in both the substantive law and in International Criminal Procedure. The enforcement of International Criminal Law in the international legal order is heavily reliant on cooperation with Sovereign States. Australia has implemented legislation for cooperation with the ICTY, ICTR and the ICC in order to carry out its obligations under International Law.

This Masters level course covers the development of International Criminal Law and of the doctrine of individual criminal responsibility in international law, the enforcement of international criminal law by national, international and hybrid courts, with an introduction to the development of international criminal procedure and legal issues surrounding state cooperation in international investigations and prosecutions. By the end of the course, students will have an understanding of the legal framework in which Prosecutors, Investigators and Peacekeepers and others operate within, and be able to research and analyse current legal issues in International Criminal Law.

The course also offers a useful framework for practitioners to interpret and analyse commonwealth legislation regarding terrorism related offences, war crimes and the implementation of the provisions of the Rome Statute of the International Criminal Court.

Aims

This Unit aims to introduce you to the principles and practice of International Criminal Law, to develop an understanding of the evolution of both substantive and procedural law, and the key issues concerning the international obligations on states and state cooperation with international tribunals. The unit involves in depth analysis of the fundamental concepts and general principles underpinning this area of law, and the factors affecting its development.

Objectives

On successful completion of this unit, you should be able to:
1. Identify the relevant sources of rules in international criminal law. Demonstrate an understanding of the development of international crimes and the doctrine of individual criminal responsibility in International Law;
2. Demonstrate an understanding of the development of international criminal procedure,
3. Understand the mechanisms for the enforcement of international criminal law;
4. Understand the international obligations on states concerning the prosecution or surrender or extradition of individuals charged with international criminal offences,
5. Analyse the effectiveness of the powers of national, international and hybrid courts to exercise personal, territorial, temporal and universal jurisdiction,
6. Understand and apply relevant principles of international law to contemporary problems in the enforcement of international criminal law. Identify different legal positions adopted in state practice, decisions of international tribunals, and writings of learned authors and critically evaluate the consequences of those positions;
7. Demonstrate an ability to communicate, orally and in writing, the principles of international criminal law and international criminal procedure; and
8. Demonstrate advanced written, critical analysis, and research skills in international criminal law.

Content

Part A: The development of international criminal law in the international legal order

International crimes in conventional and customary law

The exercise of Jurisdiction over international crimes. Treaty crimes and the exercise of jurisdiction (using treaties concerning the prevention and suppression of terrorism)

The 'core' crimes of the Rome Statue

Case study: the criminalisation of the use of child soldiers

Part B: Enforcement of international criminal law by national international and hybrid courts

The establishment of International Tribunals and Hybrid Courts and the development of an international criminal procedure

The powers of International Tribunals and Hybrid Courts

International criminal procedure and evidence - the development of an international criminal procedure

Case study: Complementarily under the Rome Statute

Part C: Introduction to state cooperation in international investigations and prosecutions

State Obligations under international law, and cooperation with international tribunals.

Amnesty and immunity and prosecutions by International Tribunals.

Case study: Arrest under International Law

Approaches to Teaching and Learning

There will be twenty six hours of classes over four days.

Student learning will be facilitated by lectures, participation in class discussions, independent reading and research, and written work for assessment. Classes will contain an introduction and outline of each of the topic areas by the lecturers accompanied by class discussion of key issues and the implications of various legal stances adopted by states and expressed by academic legal writers.

You will have the opportunity to consult with the unit coordinator on an informal basis about any aspect of the unit at specified times throughout the teaching period (or at other times by arrangement) and after the conclusion of the intensive period but prior to the submission date for the research paper.

This unit is supported by an online teaching (Blackboard) site. The online teaching (Blackboard) site will be used to support the immediate goals of the unit and to provide information and links for further interest in the area.

Assessment

You will receive formative feedback in seminars through the teacher's responses, discussion and comments regarding your preparatory work for each session and through the group discussions.

Assessment name: Briefing/Short Paper
Description: You will be asked to prepare a briefing on a topical issue in International Criminal Law for dissemination purposes. You will be able to choose from the range of topics (depending on the size of the class, more than one student may have the same question). You will be asked to hand in a concisely written document of 350-450 words together with a bibliography of the resources relied upon to prepare the briefing. This component is intended to evaluate your comprehension of the applicable law, ability to analyse relevant materials and to communicate key concepts studied in this unit concisely. Assessment will be based upon the extent to which the paper demonstrates a reflective understanding of the chosen legal topic. You will receive summative feedback on the short paper and research paper
Relates to objectives: This item of assessment is a measure of your attainment of objectives 1-8.
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: 1 Week After Block

Assessment name: Research Paper
Description: The research paper (5000 words) is a written paper about an issue of your choice that arises out of the areas of law covered in class. A list of suggested topics will be distributed at the commencement of the unit, but you are also free to devise a topic (provided you gain approval for the topic from the lecturer). You must identify and critically analyse a major legal issue. Papers must be of publishable quality using appropriate legal citation standards and writing style. Your research paper should comply with the rules for the presentation of research papers and projects in the section on Guidelines for Presentation of Research Papers and Research Projects in the Postgraduate Student Information Booklet. The School of Law has produced its own citation guidelines. These may be accessed at
http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law/publications. These guidelines are recommended for all students undertaking postgraduate studies.
Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor. A brief outline of your research paper and rudimentary bibliography should be submitted in writing to the lecturers within two weeks of the conclusion of the unit.
Relates to objectives: This item of assessment is a measure of your attainment of objectives 1-8.
Weight: 80%
Internal or external: Internal
Group or individual: Individual
Due date: 8 Weeks After Block

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Required
There are no prescribed texts for this Unit. A list of prescribed readings will be included in the Study guide for each topic and these will be available via the Course Materials Database.

Recommended reference books are as follows:
1. A Cassese, International Criminal Law, OUP [2003]
2. A Cassese, International Law, 2nd ed OUP [2005]
3. A.Cassese et al. (Eds) The Rome Statute of the International Criminal Court [2002]
4. R. Cryer et al., An Introduction to International Criminal Law and Procedure [2007]
5. K. Khan & R. Dixon, Archbold, International Criminal Procedure, 2nd Ed [2005]
6. R. May & Ors. (Eds), Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald, [2001]
7. T. McCormack & G.Simpson, The Law of War Crimes [1997]
8. O. Triffterer, Commentary on the Rome Statute of the International Criminal Court [1999]

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 21-Jan-2013