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International Criminal Court (LAWS90093)
Graduate courseworkPoints: 12.5Not available in 2019
Overview
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The International Criminal Court (ICC), headquartered in The Hague, is the world’s first permanent international criminal court and a critically important institution in the pursuit of accountability for international crimes. This subject will involve a detailed analysis of how the Court interprets and applies the Rome Statute and will consider the Court’s jurisdiction, structures and processes, including the initiation of formal investigations, issuance of arrest warrants, confirmation of charges, trial and appeal proceedings. The subject will also address criticisms of the Court, explain the sensitive political environment in which the Court operates and identify major challenges to the Court’s efficacy. The lecturers both bring a wealth of practical experience and insight to the subject. Professor Alex Whiting from Harvard Law School was for many years the Prosecutions Co-ordinator at the ICC in The Hague, and Professor Tim McCormack is the Special Adviser on War Crimes to the Prosecutor of the ICC – a position he has held since March 2010.
Principal topics include:
- Background to and history of the creation of the International Criminal Court
- Scope of and limitations to the jurisdiction of the Court: substantive crimes; modes of liability; admissibility criteria
- Understanding the Court’s proceedings: preliminary examinations; formal investigations; issuance of arrest warrants; physical custody of accused; confirmation of charges; trial proceedings (including victim participation); sentencing; appeal
- Major challenges to the Court’s efficacy.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a detailed understanding of the historical background to the initiative to negotiate the Rome Statute for the creation of the International Criminal Court and of the Court’s role and place amongst the world’s major international courts and tribunals
- Be in a position to critically examine, analyse, interpret and assess the Rome Statute – particularly the provisions dealing with the Court’s jurisdiction – and the major limitations to it
- Develop a comprehensive appreciation of the different phases of proceedings before the Court and the threshold tests and the onus of proof that applies in relation to each of them
- Have an advanced understanding of select International Criminal Court jurisprudence and be equipped to follow future decisions and judgments critically
- Develop an increased ability to engage in debate regarding the efficacy of the Court, the efficiency of its proceedings and the merits of its decision-making
- Become increasingly aware of the political sensitivities of much of the Court’s work and develop the capacity to take an informed position on policy choices confronting the institution.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: None
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS90093 International Criminal Court: Law and Practice:
Code | Name | Teaching period | Credit Points |
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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 | International Law |
March (On Campus - Parkville)
July (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%)
or - 8,000 - 10,000 word research paper (100%) 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
Not available in 2019
Time commitment details
136-150 hours 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.
Additional delivery details
This subject has a quota of 30 students. 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 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
law.unimelb.edu.au
- 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