International Criminal Law and Justice (LAWS70303)

How does one not respond in the face of mass atrocities and political transitions? From the depths of history to contemporary times, from South Africa to Rwanda, from Argentina to the Arab Spring, this question has sparked significant debate. This subject explores the legal institutions of criminal prosecution and truth commissions in post-conflict situations. Providing case studies of transitions and criminal responsibility, it provides in-depth knowledge of the various models of transitional justice, the paradigms of international criminal law, and role of human rights movements in addressing accountability, memory and justice, peace, and social order.

In this subject we not only delve into the legal institutions of criminal prosecution and truth commissions in post-conflict scenarios but we also pay significant attention to the role of historical narrative in shaping the overall social function of international criminal law. By bridging the past with the present, we aim to uncover the intricacies of how historical events influence modern legal practices.

Principal topics will include:

• The interplay of responsibility, memory, and historical narratives in law and trauma studies.
• Legal responses to mass atrocities, from the destruction of European Jewry during World War II (including Nuremberg, Eichmann) to the aftermath of the Holocaust and the Rwandan genocide.
• Models of transitional justice: Criminal justice, truth commissions and testimonial justice
• Institutions of transitional justice: Case studies, including Rwanda, Argentina and South Africa
• The evolution and expansion of international crimes: Understanding the emerging jurisprudence from ad hoc criminal tribunals to the International Criminal Court, and discussing the potential to introduce new crimes, such as those related to environmental degradation.