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| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ects |
| Punkter: |
10 ECTS |
Semester: |
Autumn and Spring |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Jørn Vestergaard |
| Andre undervisere: |
Dr Iryna Marchuk |
| Undervisnings- periode: |
Every friday 12-15
1. day Autumn: Friday 14. september 2012
1. day Spring: Friday 8. february 2013 |
| Formål: |
The course introduces fundamentals of both substantive and procedural international criminal law.
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| Indhold: |
The first part of the course elaborates on the first limb of international criminal law (substantive law) by addressing the following issues:
• International Criminal Law in Retrospective: From Nuremberg to the International Criminal Court.
• Principles of International Criminal Law (principle of legality, principle of individual criminal responsibility, principle of culpability etc).
• Introduction to international crimes (typology of international crimes; specificity of international crimes; actus reus; mens rea).
• Genocide (origins and notion of the crime of genocide; international instruments; contextual elements; actus reus; mens rea with the specific focus on dolus specialis. ICTR Akayesu case; ICTY Popovic case (Srebrenica) and ICC Situation in Darfur (Omar Al Bashir case).
• War crimes (origins and notion of war crimes; grave breaches of the Geneva Conventions; violations of common Article 3 and Additional Protocol II to Geneva Conventions and other serious violations of international humanitarian law in international and non-international armed conflicts; contextual elements; actus reus; mens rea). Goldstone report on the 2008 Israeli-Gaza conflict.
• Crimes against humanity (origins and notion of crimes against humanity; international instruments and jurisprudence of the international criminal courts and tribunals; contextual elements; actus reus and mens rea). Post-electoral violence in Kenya in the context of the situation initiated by the ICC Prosecutor.
• The crime of aggression (origins of the crime of aggression; early definitions of the crime of aggression; crime of aggression and ICC – latest developments from the ICC Review Conference in Kampala).
• The crime of terrorism (definition and nature of the crime of terrorism in international law; acts of terror as a war crime and its constitutive elements in the jurisprudence of the ICTY and SCSL; discussions on the US-led ‘war on terror’ and the crime of terrorism within the jurisdiction of the Special Tribunal for Lebanon).
• Modes of individual criminal responsibility (evolution of the principal and secondary modalities of criminal responsibility in the international criminal courts and tribunals).
• Immunities in international law (the nature and types of immunities in international law. Case studies of Pinochet and Charles Taylor. ICJ Arrest Warrant case (Democratic Republic of the Congo v. Belgium). Taylor film screening).
• Grounds excluding criminal responsibility (definition of grounds excluding criminal responsibility; mental incapacity; intoxication; self-defence; duress and necessity; mistake of fact; mistake of law, superior orders).
The second part of the course (procedural law) deals with the fundamentals, principles of international criminal adjudication, stages of international criminal proceedings, and includes the discussion of the main challenging issues in the contemporary proceedings:
• Jurisdiction of the international criminal courts and tribunals (international courts’ jurisdiction and national jurisdictions; primacy of ad doc tribunals and the ICC’s principle of complementarity; state cooperation).
• Sui generis system of international criminal adjudication (incorporation of adversarial and inquisitorial systems, antagonism and collaboration; hybridization of international criminal procedure).
• Principles of international criminal trials (independence and impartiality of judges; presumption of innocence; fair and expeditious trial; presence of the accused at his trial).
• The procedure (with major focus on the ICC): Investigation (initiation of an investigation; conditions of investigation initiation; conduct of investigations; cooperation of states in investigations) and pre-trial stage (arrest warrant; appearance before the Court and interim release; confirmation hearing; preparation for trial).
• Trial stage (public hearing and closed sessions; examination in chief; cross- examination; re-examination; rebuttal and reopening of the prosecution case; judgment and decisions). Milosevic video screening.
• Appeals and enforcement of sentences (grounds for appeal; proceedings on appeal; review proceedings; enforcement of sentences).
• Rights of the accused v. protection of victims and witnesses. Role of victims in the ICC proceedings.
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| Kompetence- beskrivelse: |
The objective of the course is to enable the students to:
- Present and explain theoretical and practical fundamentals and problematic issues of the international criminal law and the application thereof in cases appearing before international criminal courts and tribunals;
- Identify complex domain-specific legal problems;
- Find professional solutions for domain-specific legal problems;
- Apply legal analysis to the actual problems of the domain-specific jurisprudence;
- Present and challenge arguments pertinent to the subject of the course;
- Decide between the alternatives and come up with reasoned theoretical and practical options in order to effectively discuss the application of international criminal law and procedural law.
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| Faglige forudsætninger: |
A fair knowledge of the English language is a minimum requirement. Students will be required to participate actively in class. Participants must have completed a standard course in basic criminal law. |
| Eksamensform: |
Oral exam without preparation, 20 minutes |
| Eksamen: |
Autumn: 10. - 14. December 2012 (preliminiary dates)
Spring: 27. - 31. May 2013 (preliminary dates)
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| Kursus hjemmeside: |
 |
| Pensum: |
Cryer, Håkan Friman, Darryl Robinson, Elizabeth Wilmshurst, An Introduction to International Criminal Law and Procedure, Second Edition, Cambridge University Press, 2010. The additional compilation of material will be distributed among students and posted on Absalon during the course. |
| Sidst redigeret: |
30/7-2012 |