Course syllabus International Criminal Law

Swedish name: Internationell straffrätt

Course code:

2OJ003

Valid from semester:

Autumn Term 2022

Education cycle:

Second cycle

Scope:

5.0 credits

Progression:

A1N

Grading scale:

Three-grade scale

Main field of study:

International Operational Law

Department:

Department of Political Science and Law

Subject:

International and Operational Law

Language of instruction:

The teaching is conducted in English.

Decided by:

Forsknings- och utbildningsnämndens kursplaneutskott (KUS)

Decision date:

2020-10-13

Entry requirements

Degree of Master of Laws or Degree of Bachelor of Science in Law with Specialisation in International Law or equivalent plus English B or English 6.

Course content and structure

The purpose of the course is to give the student a deeper understanding of international criminal law. The course mainly covers the material parts of international criminal law, but also addresses certain procedural and institutional aspects.

The course begins with a brief historical and structural overview, as well as a review of the basic principles and methodologies of criminal law applicable under international conditions. The four main types of international crimes - war crimes, crimes against humanity, genocide, and aggression - and their relationships to one another are then studied. This is followed by modes of liability, including command / superior responsibility. After this, issues regarding grounds for excluding criminal responsibility, etc., are discussed, along with jurisdictional and similar issues. Finally, certain procedural, institutional and thematic issues relating to current international criminal law are touched on.

Course structure:

1\. Introduction

2\. Basic principles and methodologies

3\. Punishable conduct

4\. Modes of liability

5\. Grounds for excluding criminal responsibility

6\. International criminal procedure

7\. Special issues concerning international criminal law

8\. Conclusion and examination

The course begins with lectures interspersed with self-study. The course then alternates between self-studies, group work and seminars, which together give the students a foundation for the course's final written on-campus examination.

Type of Instruction

Seminars
Lectures
Group Work
Independent Study

Objectives

After having completed the course, the student should be able to:

Knowledge and understanding

describe the background, foundation and structure of international criminal law as a combination of criminal law, criminal procedure and public international law.

Competence and skills

explain international crimes as social phenomena and their suppression from legal perspectives.

argue critically, logically and independently, especially in the context of international criminal law.

analyze the background, foundation and structure of international criminal law as a combination of criminal law, criminal procedure and public international law.

Judgment and approach

explain and evaluate the interaction between legal rules and social norms that lay at the foundation for the content, procedures and institutions of international criminal law.

Examination formats

Individual written examination 3 credits

Assessment takes place through a written on-campus examination during which the student has access to the course literature.

Participation in compulsory seminars 2 credits

Assessment takes place through mandatory seminars.

Examinations submitted late will not be graded unless special circumstances exist and the examiner finds the reason acceptable.

The examiner may decide to allow supplementation in order for a passing grade to be achieved in the course. The supplementation shall be submitted no later than three working days after notification of the examination results and the decision on supplementation, unless special circumstances exist that are acceptable to the examiner.

Grading

Grades are set according to a three-grade scale: Pass with Distinction (PwD), Pass (P) and Fail (F). Grading criteria are specified by no later than the start of the course.

To earn the grade Pass (P), the student must actively participate in mandatory seminars and earn a grade of Pass (P) on the written on-campus examination.

To earn the grade Pass with Distinction (PwD) in the course, the student must meet the requirements for Pass (P) and earn a grade of Pass with Distinction (PwD) on the written on-campus examination.

The number of examinations is not limited.

Transitional provisions

When the course is no longer given or when the course content has changed substantially, the student has the right to be examined once per semester during a three-term period in accordance with this syllabus.

Other regulations

The course cannot be included in a degree with another course whose content fully or partially corresponds to the content of this course.

The course is given within the Swedish Defense University's Master's Program in International Operational Law, and may also be given as a freestanding course.

If a student has a decision from the Swedish Defense University on special educational support due to a disability, the examiner may decide on alternative forms of examination for the student.

On completion of the course, an evaluation will be conducted under the auspices of the course director and will serve as the basis for any changes to the course.

This is an edited version of the syllabus, created to transfer the original to the education database Ladok education planning. For originals, refer to the archive.

Reading list valid from date 2022-08-29

Reading list decided date: 2020-10-13

General List of Readings
• PRIMARY: Cryer, Robert, Robinson, Darryl and Vasiliev, Sergey, An Introduction to International Criminal Law and Procedure, 4th ed. (Cambridge: Cambridge University Press, 2019).

• SECONDARY: Werle, Gerhard, and Jessberger, Florian, Principles of International Criminal Law, 4th ed. (Oxford: Oxford University Press, 2020).

General List of Instruments
• Charter of the International Military Tribunal, in force 8 August 1945, 82 UNTS 279.

• Convention on the Prevention and Punishment of the Crime of Genocide, in force 12 January 1951, 78 UNTS 277.

• Statute of the International Criminal Tribunal for the Former Yugoslavia, 22 May 1993.

• Rome Statute of the International Criminal Court, in force 1 July 2002, 2187 UNTS 3.

• International Criminal Court Review Conference, Resolution on the Crime of Aggression (RC/Res. 6), Annexes I-III, 1 June 2010.

• Elements of Crimes (ICC-ASP/1/3), Part II.B, 3-10 September 2002.

• Cryer, Robert (ed.), International Criminal Law Documents (Cambridge: Cambridge University Press, 2019).

General List of Cases
• United States of America et al. v. Hermanm Wilhelm Göring et al., Judgment, 1 October 1946.

• United States of America v. Wilhelm von List et al., Judgment, 19 February 1948.

• Prosecutor v. Duško Tadic a/k/a “Dule,” Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995.

• Prosecutor v. Dražen Erdemovic, Case No. IT-96-22-A, Judgement, 7 October 1997.

• Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, 2 September 1998.

• Prosecutor v. Duško Tadic, Case No. IT-94-1-A, Judgement, 15 July 1999.

• Prosecutor v. Zejnil Delalic et al., Case No. IT-96-21-A, Judgement, 20 February 2001.

• Prosecutor v. Gragoljub Kunarac et al., Case No. IT-96-23 & IT-23/1-A, Judgment, 12 June 2002.

• Prosecutor v. Stanislav Galic, Case No. IT-98-29-T, Judgment and Opinion, 5 December 2003.

• Prosecutor v. Radislav Krstic, Case No. IT-98-33-A, Judgment, 19 April 2004.

• Prosecutor v. Sam Hinga Norman, Case No. SCSL-04-14-AR73(E), Decision on Preliminary Motion Based on Lack of Jurisdiction (Child Recruitment), 31 May 2004.

• Prosecutor v. Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06, Judgment Pursuant to Article 74 of the Statute, 14 March 2012.

• Prosecutor v. Germain Katanga, Case No. ICC-01/04-01/07, Judgment Pursuant to Article 74 of the Statute, 7 March 2014.

• Prosecutor v. Jean-Pierre Bemba Gombo, Case No. ICC-01/05-01/08 A, Judgment on the Appeal of Mr Jean-Pierre Bemba Gombo Against Trial Chamber III’s ‘Judgment Pursuant to Article 74 of the Statute’, 8 June 2018.

Introduction
• “Introduction: What Is International Criminal Law?” (chap. 1), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 3-27.

• “The History of International Criminal Prosecutions: Nuremberg and Tokyo” (chap. 6), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 115-126.

• “The Ad Hoc International Criminal Tribunals” (chap. 7), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 127-143.

• “The International Criminal Court” (chap. 8), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 144-172.

• “Other Hybrid and Special Courts” (chap. 9), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 173-202.

• “Foundations” (chap. 1), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 1-73, 114-179.

Fundamental Principles and Methodologies
• “The Aims, Objectives and Justifications of International Criminal Law” (chap. 2), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 28-46.

• “Foundations” (chap. 1), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 74-93.

• “General Principles” (chap. 2), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 205-233.

• Rauter, Thomas, Judicial Practice, Customary International Law and Nullum Crimen Sine Lege (Cham: Springer International Publishing, 2017).

Punishable Conduct
• “War Crimes” (chap. 12), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 259-296.

• “Crimes Against Humanity” (chap. 11), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 227-258.

• “Genocide” (chap. 10), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 205-226.

• “Aggression” (chap. 13), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 297-319.

• “Transnational Crimes, Terrorism and Torture” (chap. 14), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 319-340.

• “War Crimes” (chap. 5), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 441-583.

• “Crimes Against Humanity” (chap. 4), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 373-440.

• “Genocide” (chap. 3), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 334-372.

• “The Crime of Aggression” (chap. 6), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 584-614.

• “General Principles” (chap. 2), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 325-333.

• Sayapin, Sergey, The Crime of Aggression in International Criminal Law: Historical Development, Comparative Analysis and Present State (The Hague: T.M.C. Asser Press, 2014).

• Longobardo, Marco, “The Criminalisation of Intra-Party Offences in Light of Some Recent ICC Decisions on Children in Armed Conflict”, 19 International Criminal Law Review 600 (2019).

• Saul, Ben, “The Legal Relationship Between Terrorism and Transnational Crime”, 17 International Criminal Law Review 417 (2017).

Modes of Liability
• “General Principles of Liability” (chap. 15), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 341-379.

• “General Principles” (chap. 2), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 233-276, 302-311.

• De Hemptinne, Jérôme et al. (eds.), Modes of Liability in International Criminal Law (Cambridge: Cambridge University Press, 2019).

• Petersen, Ines, “Criminal Responsibility for Omissions in ICTY and ICTR Jurisprudence”, 18 International Criminal Law Review 749 (2018).

• Perova, Natalia, “Stretching the Joint Criminal Enterprise Doctrine to the Extreme: When Culpability and Liability Do Not Match”, 16 International Criminal Law Review 761 (2016).

“Defences”
• “Jurisdiction” (chap. 3), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 49-68.

• “Immunities” (chap. 21), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 506-531.

• “Defences/Grounds for Excluding Criminal Responsibility” (chap. 16), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 380-402.

• “General Principles” (chap. 2), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 277-302, 311-325.

• Knoops, Geert-Jan Alexander, Defenses in Contemporary International Criminal Law, 2nd ed. (Leiden: Martinus Nijhoff Publishers, 2008).

• Mettraux, Guénaël, Dugard, John and du Plessis, Max, “Heads of State Immunities, International Crimes and President Bashir’s Visit to South Africa”, 18 International Criminal Law Review 577 (2018).

International Criminal Procedure
• “International Criminal Procedure” (chap. 17), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 405-444.

• “Victims in the International Criminal Process” (chap. 18), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 445-464.

• “Punishment and Sentencing” (chap. 19), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 465-480.

• Safferling, Christoph, International Criminal Procedure (Oxford: Oxford University Press, 2012).

• Pues, Anni, “A Victim’s Right to a Fair Trial at the International Criminal Court? Reflections on Article 68(3)”, 13 Journal of International Criminal Justice 951 (2015).

• Holá, Barbora and van Wijk, Joris, “Life after Conviction at International Criminal Tribunals: An Empirical Overview”, 12 Journal of International Criminal Justice 109 (2014).

Selected Issues of International Criminal Justice
• “National Prosecutions of International Crimes” (chap. 4), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 69-88.

• “State Cooperation with Respect to National Proceedings” (chap. 5), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 89-112.

• “State Cooperation with the International Courts and Tribunals” (chap. 20), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 483-505.

• “Alternatives and Complements to Criminal Prosecution” (chap. 22), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 532-549.

• “Foundations” (chap. 1), in Werle and Jessberger, Principles of International Criminal Law (4th ed.), pp. 179-204.

• Nortje, Windell and Quénivet, Noëlle, Child Soldiers and the Defence of Duress under International Criminal Law (Cham: Palgrave Macmillan, 2020).

• O’Sullivan, Aisling, Universal Jurisdiction in International Criminal Law: The Debate and the Battle for Hegemony (Abingdon and New York: Routledge, 2017).

Conclusion
• “The Future of International Criminal Law” (chap. 23), in Cryer, Robinson and Vasiliev, An Introduction to International Criminal Law and Procedure (4th ed.), pp. 550-559.