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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
July
Lecturers
Dr Carrie McDougall, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
Historical experience demonstrates that, without justice, it is exceedingly difficult to establish an inclusive and lasting peace. And yet, while States pay significant lip service to accountability, all too often it is the victim of real politik. This subject will explore why, how and when individuals can be held individually criminally responsible for serious international crimes by the International Criminal Court (ICC), other international mechanisms, and national jurisdictions.
In addition to considering the substantive rules of international criminal law, students will explore a range of legal policy issues relating to the prosecution of serious international crimes, including through case studies on Kenya, Palestine, Burundi, the Rohingya, ISIS and the crime of aggression.
Drawing on the lecturer’s experience representing Australia in the ICC’s Assembly of States Parties, and the insights of other senior practitioners, the subject is focused throughout on contemporary issues of international criminal law that are of real relevance to practitioners and scholars alike.
Principal topics include:
- The nature of law, war and crime, and the relationship between peace and justice
- The development of international criminal law, including the contribution of the ad hoc international and mixed criminal tribunals
- The Rome Statute crimes (genocide, war crimes, crimes against humanity and the crime of aggression) and their relationship to customary international law
- The modes of individual criminal responsibility and the defences recognised by international criminal law
- The ICC’s structure and personal and temporal jurisdiction
- The proceedings and practice of the ICC
- The stakeholders of international criminal law (including victims, witnesses, defendants, States, civil society, the United Nations and the ICC’s Assembly of States Parties)
- The role of the new ad hoc criminal mechanisms (the International, Impartial and Independent Mechanism for Syria and the Investigative Team for ISIL in Iraq), as well as efforts to ensure accountability for the downing of flight MH17
- The prosecution of international crimes in national jurisdictions, including on the basis of universal jurisdiction
Intended learning outcomes
This subject will focus on individual criminal responsibility for international crimes, including both the substantive law and the range of mechanisms available for holding individuals to account.
A student who has successfully completed this subject will:
- Understand the relationship between peace and justice
- Be aware of the historical development of international criminal law and the contribution of the ad hoc international and mixed criminal tribunals
- Possess an advanced, detailed, and integrated understanding of the Rome Statute crimes and the concept of individual criminal responsibility, as well as the broader law and practice of the ICC
- Have a sophisticated appreciation of the relationship between national and international prosecutions
- Have the cognitive and technical skills to examine, critically analyse and assess the effectiveness of the rules of international criminal law and the critiques of international criminal justice
- Be an engaged participant in debates relating to emerging international criminal law issues and the challenges faced by the international criminal justice project
- Have the cognitive and technical skills to generate critical and creative ideas for the further development of international criminal law
- Have the communication skills to clearly articulate and convey complex information about international criminal law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgement 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 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 | International Law |
March (On Campus - Parkville)
July (On Campus - Parkville)
|
12.5 |
Inherent requirements (core participation requirements)
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (23 - 26 August)
or - Research paper (8,000 - 10,000 words) (100%) (2 October) 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
- July
Principal coordinator Carrie McDougall Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 12 June 2019 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 10 July 2019 to 16 July 2019 Last self-enrol date 17 June 2019 Census date 10 July 2019 Last date to withdraw without fail 23 August 2019 Assessment period ends 2 October 2019 July contact information
Lecturers
Dr Carrie McDougall, 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 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 Master of Law and Development Course Master of Public and International Law Course Master of Laws Course Graduate Diploma in Legal Studies Course Graduate Diploma in International Law Course Juris Doctor - 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022