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International Criminal Law (LAWS70033)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Lecturers
Professor Tim McCormack, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | October |
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Fees | Look up fees |
This subject considers the rules, concepts, principles, institutional architecture and enforcement of something we call international criminal law or international criminal justice, or sometimes, the law of war crimes. The focus of this subject is international criminal law concerned with traditional ‘war crimes’ and, in particular, four of the core crimes set out in the Rome Statute (war crimes, crimes against humanity, genocide and aggression). It adopts a historical, philosophical and practical focus throughout, and is mainly directed at the conceptual problems associated with the prosecution of war criminals and, more broadly, legalised retribution. Attention, in this respect, will be directed towards the moral and jurisprudential dilemmas associated with bureaucratic criminality and individual culpability.
Principal topics include:
- The nature of law, war and crime and the purpose of war crimes trials
- Concept of individual criminal responsibility for violations of international law
- Elaboration of basic crimes
- Universal jurisdiction
- International criminal tribunals
- International versus national jurisdictions and the concept of universal jurisdiction
- Different models of international criminal courts and tribunals
- The International Criminal Court.
Intended learning outcomes
This subject will focus on individual accountability for human rights abuses and serious violations of the law of armed conflicy, including both the substantive law providing for such responsibility and the range of mechanisms available for holding individuals accountable.
A student who has successfully completed this subject will:
- Be able to locate the law of war crimes in the great moral and political dilemmas of the last half century
- Possess an advanced, detailed, and integrated understanding of the concept of individual criminal responsibility for violations of international law including recent developments in this field of law and practice
- Assimilate the core crimes, as well as critical extensions of culpability, such as command responsibility, and key defences, such as duress or superior orders
- Be aware of the historical development of international criminal law
- Have a sophisticated appreciation of the relationship between national and international jurisdiction for the prosecution of international crimes
- Be conversant with the advantages and disadvantages of prosecutions compared to other methods of individual accountability, including the debate over amnesties and pardons
- Understand the full range of non-prosecutorial mechanisms for holding individuals accountable, including truth commissions and civil suits
- Comprehend the basic workings of the United Nations (UN) ad hoc criminal tribunals and the permanent International Criminal Court
- Have the cognitive and technical skills to generate critical and creative ideas relating to international criminal law and be able to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to the law and practice of war crimes law
- Have the communication skills to clearly articulate and convey complex information about the law and history of war crimes to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and student in the field of international criminal law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS70033 International Criminal Law:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50052 | International Criminal Law | Not available in 2024 |
12.5 |
Recommended background knowledge
In order to derive maximum value from the subject, it is strongly recommended that students have completed prior study in international law (eg LAWS70173 Principles of International Law).
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70173 | Principles of International Law |
March (On Campus - Parkville)
September (On Campus - Parkville)
|
12.5 |
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (7 - 10 December)
or - Research paper (8,000 - 10,000 words) (100%) (16 January 2019) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- October
Principal coordinator Tim McCormack Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 19 September 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 17 October 2018 to 23 October 2018 Last self-enrol date 24 July 2018 Census date 17 October 2018 Last date to withdraw without fail 7 December 2018 Assessment period ends 16 January 2019 October contact information
Lecturers
Professor Tim McCormack, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Law Course Juris Doctor Course Master of Law and Development Course Master of Laws Course Master of Public and International Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022