International Criminal Law (LAWS70033)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
October
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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 in relation to the practice of international criminal law, 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.

Indicative list of principal topics:

  • 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 should be able to:

  • Identify and examine the theoretical underpinnings of international criminal law and its relationship to other branches of international law;
  • Contextualise 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;
  • Possess an understanding 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
  • Critically analyse the effectiveness of international criminal law.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

Students should have successfully completed

Code Name Teaching period Credit Points
LAWS70173 International Law
March (On Campus - Parkville)
August (On Campus - Parkville)
April (On Campus - Parkville)
 12.5

OR have an educational or professional background in public international law

Corequisites

None

Non-allowed subjects

Code Name Teaching period Credit Points
No longer available

Recommended background knowledge

. 

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Class Participation

Throughout the teaching period10%

Class Quizzes

Throughout the teaching period20%

Option 1: Take-home examination

  • 5000 words
21-24 November 202570%

Option 2: Research paper on a topic approved by the subject coordinator

  • 6000 words
3 December 202570%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/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: 4 March 2025

Quotas apply to this subject

Dates & times

  • October
    Principal coordinatorCarrie McDougall
    Mode of deliveryOn Campus (Parkville)
    Contact hours34 hours
    Total time commitment150 hours
    Pre teaching start date10 September 2025
    Pre teaching requirementsPlease 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 8 October 2025 to 14 October 2025
    Last self-enrol date15 September 2025
    Census date10 October 2025
    Last date to withdraw without fail21 November 2025
    Assessment period ends26 December 2025

    October contact information

    Teaching staff:

    Carrie McDougall (Coordinator)

    For current student enquiries, contact the Law School Academic Support Office

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

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025

Further information

Last updated: 4 March 2025