LAWS 2197 ‑ International Criminal Law

CREDIT HOURS: 3

This seminar explores the development and operation of International Criminal Law. The idea that individuals may be held responsible for criminal acts under international law took firm hold with the war crime trials after WWII. From beginnings in international humanitarian law, the body of international crimes has greatly expanded along with the development from ad hoc to permanent institutions and procedures for their prosecution. This process culminated in 2002 in the establishment of the International Criminal Court (ICC). It may be said that International Criminal Law exists at the convergence of the penal aspects of international law and the international aspects of national criminal law, and intersects with the application of human rights law in times of both peace and war. Reflecting this status, the course will consider international crimes such as genocide, war crimes and crimes against humanity, focusing in particular on the ICC. Other crimes of international concern, such as torture, terrorism, drug smuggling, corruption and other organized criminal activity will also be discussed. Focus will also be placed on the prosecution of international crimes at the national level, with emphasis on jurisdictional problems and application of human rights standards. Examination will also be made of co-operative mechanisms utilized by states to facilitate the national prosecution of trans-national criminal acts, such as extradition and mutual legal assistance. Specific topics addressed may vary from year to year depending on student and instructor interest. This course touches on some of the topics referred to in International Humanitarian Law: Law of Armed Conflict but there is very little duplication and students interested in the subject matter could benefit from taking both courses.

ENROLMENT: Limited to 16 students.

Prerequisite(s): International Law (LAWS 2012) is strongly recommended.
Co-requisite(s): None.
Assessment Method: In-course assignments, a major research paper and class participation.
Restrictions: None.