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International Criminal Law (LAWS50052)
Graduate coursework level 5Points: 12.5Not available in 2024
Overview
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How does law respond to experiences of war, mass conflict and political transition? This question has animated conflicts throughout the world, from South Africa to the Democratic Republic of Congo, from Argentina to the Arab Spring, from the former Yugoslavia to North America, Syria to Australia. This subject explores the languages and institutions of international criminal law. It is an area of law that exists at the confluence of criminal law, international law, human rights and transitional justice. The discipline will be approached historically, critically and theoretically, and includes in-depth case studies of institutions, crimes, procedures, and country or regional situations.
Principal topics in the subject include:
- The history of international criminal tribunals and courts, from Nuremberg to the International Criminal Court;
- Core crimes, such as war crimes, crimes against humanity, genocide, and aggression;
- Selected crimes, such as enforced disappearance, rape and sexual violence;
- Doctrines of criminal responsibility, such as individual criminal responsibility and modes of participation;
- Procedures of prosecution and testimony;
- Victims and international criminal justice;
- National and regional approaches to international crimes, such as Australian war crimes prosecutions, or the InterAmerican Court of Human Rights; and
- Alternatives to criminal trials, for example truth commissions and memory projects.
Intended learning outcomes
A student who has successfully completed this subject will have advanced and integrated understanding of, and the ability to critically engage with and reflect on, the bodies of knowledge associated with current international criminal law. In particular, the student will:
- Understand the legal complexities of attributing criminal responsibility for international crimes;
- Understand the legal structure of and the variety of approaches to the core international crimes, as well as important modes of participation and key defences;
- Evaluate contemporary theories of crimes against humanity and genocide;
- Understand the contemporary history development of international criminal law and its relation to discourses of criminal law, interntional law and human rights;
- Recognise the relationship between national and international jurisdiction for the prosecutions of international crimes;
- Comprehend the basic workings of the UN’s ad hoc criminal tribunals and the permanent International Criminal Court;
- Understand the variety of roles available to international criminal law in national, regional and local responses to atrocity, conflict and trauma; and
- Evaluate alternatives to international criminal prosecution, such as truth commission, amnesties and memorial projects.
Generic skills
This subject will build upon the research skills already developed within the JD program. On completion of the subject, students will have critically analysed at least one specific instance or example of the complexity of international criminal law as a discipline. A student who has successfully completed this subject will thus have the expert and specialized cognitive and technical skills necessary for research in international criminal law. In particular, the student will have:
- Cognitive skills necessary for critical reflection on the theory and professional practice of international criminal law;
- Cognitive, technical, and creative skills necessary for critically investigating, analysing, and interpreting the complex information, problems, concepts and theories associated with international criminal law;
- Cognitive, technical, and creative skills necessary for generating and evaluating complex abstract ideas, concepts, and theories in international criminal law;
- Communication and technical research skills necessary for justifying theoretical propositions, methodologies, conclusions, and professional decisions concerning international criminal law to specialist and non-specialist audiences; and
- Technical and communication skills necessary for designing, evaluating, implementing, analysing and theorising developments that contribute to scholarship about international criminal law.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50032 | Administrative Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50034 | Criminal Law and Procedure | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70033 | International Criminal Law | September (On Campus - Parkville) |
12.5 |
LAWS90093 | International Criminal Court | Not available in 2024 |
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: 30 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation, ongoing | Throughout the teaching period | 10% |
Topic proposal (students will be required to select and read closely materials relating to a specific writer, method or issue in the course, and then write a topic proposal that clearly identifies the issues, approach and argument to be presented in the research essay)
| 10% | |
Research essay (students are required to write an essay which, drawing on their topic proposal and the feedback provided on that proposal, demonstrates an integrated understanding of how the subject materials contribute to an evaluation of the complexities and worth of international criminal law as a response to war, conflict and mass atrocity)
| 80% |
Additional details
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Time commitment details
144 hours
Additional delivery details
This subject has a quota.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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: 30 January 2024