International Criminal Law and Justice (LAWS70303)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
May
Lecturer
Thomas Skouteris (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | May |
|---|---|
| Fees | Look up fees |
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.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Identify and explain the multi-faceted nature of international criminal justice, especially in the context in post-conflict transitions, and discern the role of legal institutions in addressing mass atrocities.
- Recognise the pivotal role that international criminal justice plays in the creation and maintenance of contemporary cultures of memory and legal accountability.
- Analyse the various meanings of historical narratives and memory in international criminal justice.
- Assess the roles and limitations of key transitional justice tools such as criminal prosecution and truth commissions, including their possibilities for redress, reconciliation and transitional justice
- Survey and interpret the classification of crime within international criminal justice and the creation of novel categories of crime to deal with unprecedented atrocities.
- Critically appraise at least one case study that demonstrates the legal aftermath of conflict and criminal injustice, and its implications for our understanding of responsibility, trauma and memory in international criminal law.
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
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: 8 November 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Presentation: Critical introduction to one of the reading materials
| Day 1 | 20% |
Research paper on a topic approved by the subject coordinator
| 17 July 2024 | 80% |
| Hurdle requirement: A minimum of 75% attendance. | Throughout the semester | N/A |
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
- May
Principal coordinator Thomas Skouteris Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 24 April 2024 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 22 May 2024 to 28 May 2024 Last self-enrol date 29 April 2024 Census date 23 May 2024 Last date to withdraw without fail 14 June 2024 Assessment period ends 17 July 2024 May contact information
Lecturer
Thomas Skouteris (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 8 November 2024
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in International Law Course Master of Laws Course Master of Law and Development 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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
Last updated: 8 November 2024