S. International Criminal Courts: Progress, Problems and Prospects

Course Information

Course Number
L8942
Curriculum Level
Upperclass
Areas of Study
Human Rights, International and Comparative Law
Type
Seminar

Section 001 Information

Instructor

Section Description

Prosecutions of the most serious international crimes through
international criminal tribunals and national courts have emerged
as a visible yet uneven force on the global landscape. At the
International Criminal Court (ICC), envisioned to be the
centerpiece of a “system” of international justice, there have
been some successes along with notable disappointments and
performance failings. The ICC has received a good deal of
attention--and support--as a result of Russia’s invasion of the
Ukraine. Moreover, with a new Prosecutor and President as well
as the benefit of a Court-initiated Independent Expert Review,
there is an opportunity for meaningful change.
The course will examine some of the key lessons arising from the
ICC efforts to render justice for crimes that shocked the
conscience of humankind. Through examining recent case law
and practice, we will seek to better understand the progress,
problems as well as prospects for the ICC. We will explore some
of the underlying problems and how this permanent Court can
manage the challenges it is facing.
To examine these essential issues, the readings and class
discussion will draw on aspects of the jurisprudence of the
Yugoslav war crimes tribunal (ICTY) and its practice. In class,
with an eye to drawing lessons for the ICC’s experience in
bringing justice for genocide, crimes against humanity and war
crimes, we will zero in on several key issues.
Specifically, we will explore

    * the ICC's mode of establishment (a multilateral treaty
negotiation),
    * some of the substantive crimes within its subject matter
jurisdiction (genocide, crimes against humanity and war crimes),
    * theories of individual criminal liability (command
responsibility; aiding and abetting) by which the Prosecutor
attempts to link accused with crimes,
    * expediting very lengthy proceedings and
    * securing the arrest of suspects.

School Year & Semester
Fall 2023
Location
WJWH 101
Schedule
Class meets on
  • Monday
4:20 pm - 6:10 pm
Points
2
Method of Evaluation
Exam
J.D Writing Credit?
No

Learning Outcomes

Primary
  • Enable students to analyze the essential features of the legal process in a politicized landscape
  • Enable students to appreciate the advances made by international criminal courts as well as their shortcomings
  • enable students to grasp the implications of the legal and policy choices represented by key statutory and rule provisions
  • Enable students to understand why international criminal course proceedings are so lengthy
Secondary
  • At the end of the course, students will have acquired understanding of and/or facility in various lawyering skills, for example, oral advocacy, legal writing and drafting, legal research, negotiation, and client communication

Course Limitations

Instructor Pre-requisites
None
Instructor Co-Requisites
None
Requires Permission
No
Recommended Courses
None
Other Limitations
None