S. International Criminal Courts: Progress, Problems and Prospects

Prosecutions of the most serious international crimes -- genocide, crimes against humanity and war crimes -- through international criminal tribunals as well as national courts have emerged as a visible, yet uneven presence 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, disappointed expectations and notable performance failings. However, 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.

This course will examine some of the key lessons arising from the ICC's efforts to render justice for crimes that shock 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 on an increasingly polarized international terrain. The class will explore some of the underlying challenges and how this unprecedented permanent Court can surmount some of the obstacles it is facing.
To examine these issues, the readings and class discussion will draw on aspects of the jurisprudence and practice of the Yugoslav war crimes tribunal (ICTY).
In class, with an eye to drawing lessons for the ICC's experience in bringing justice for egregious crimes, we will zero in on several key issues.

Specifically, we will explore

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