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International Criminal Law (LAWS70033)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Lecturer
Dr Carrie McDougall (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | October |
|---|---|
| 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 the importance of accountability, all too often it is the victim of - or is otherwise shaped by - real politik. For this reason, an expert international criminal lawyer must be a master of both law and politics.
With this in mind, 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, and critiques of the international criminal justice project, including through case studies on Afghanistan, Palestine, 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 personal and temporal jurisdiction;
- The proceedings and practice of the ICC;
- The stakeholders of international criminal law (including victims, witnesses and defendants);
- The role of new ad hoc criminal mechanisms (such as the International, Impartial and Independent Mechanism for Syria); and
- The prosecution of international crimes in national jurisdictions, including on the basis of universal jurisdiction.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be familiar with the theoretical underpinnings of international criminal law and its relationship to other branches of international law;
- Understand the historical development of international criminal law by reference to the work of the ad hoc international and mixed criminal tribunals;
- Possess an advanced, detailed, and integrated understanding of: the Rome Statute crimes (war crimes, crimes against humanity, genocide and the crime of aggression); the legal bases on which an individual can be held criminally responsible; and the ICC's jurisdiction;
- Have a sophisticated appreciation of the relationship between national and international prosecutions;
- Possess an insight into the practical issues, political challenges and conceptual fault lines of modern international criminal law; and
- Be able to examine, critically analyse and assess the effectiveness of international criminal law.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
| 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).
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70173 | International Law |
March (Online)
July (On Campus - Parkville)
|
12.5 |
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.
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: 12 November 2022
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 2 - 5 December 2022 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 21 December 2022 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
- October
Coordinator Carrie McDougall Mode of delivery On Campus (Parkville) Contact hours 34 hours Total time commitment 150 hours Pre teaching start date 7 September 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 5 October 2022 to 11 October 2022 Last self-enrol date 12 September 2022 Census date 6 October 2022 Last date to withdraw without fail 11 November 2022 Assessment period ends 21 December 2022 October contact information
Lecturer
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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Master of Law and Development Course Master of Public and International Law Course Juris Doctor Course Master of Laws Course Graduate Diploma in 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-masters@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: 12 November 2022