S. International Criminal Courts: Progress, Problems and Prospects

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.