LLAW3248 International Criminal Law

2017

4.5

1 x 2-hour seminar weekly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 18 units of second year LLAW topics
3 LLAW2212 - The Constitution and the Australian Federation [International / Comparative I]
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

LLAW2108 has been successfully completed

This topic is a study of international criminal law. Students will be introduced to the concepts of internationally recognised crimes and efforts to deal with this form of criminal behaviour by States and international organisations such as the United Nations. The crimes of genocide, apartheid, crimes against humanity and war crimes will be considered. The work of the international criminal tribunals will be examined including the Permanent International Criminal Court. This topic should be of considerable interest to students wishing to expand their knowledge of the operation, at an international level, of the rule of law in an international criminal law environment. The topic concerns itself with the concept of providing justice to individuals and communities who have been made the subject of persecution and oppression, often by instruments of their own State. It covers a consideration of serious breaches of international humanitarian law, and of the increasing role now being played by international non-government organisations in this field of law.

The topic aims to:

• provide students with an understanding of the historical development of international criminal law
• examine the tension between State sovereignty and international criminal law. The efforts of States to enforce international criminal law
• look briefly at the United Nations Charter, with particular emphasis on Chapter VII and the role of the Security Council in creating international criminal tribunals as peace keeping initiatives
• examine and compare the ad hoc Tribunals of the former Yugoslavia and Rwanda, with the Permanent International Criminal Court
• examine the foundations of international criminal law, with particular emphasis, on the 1949 Geneva Conventions
• study crimes against humanity, and the Genocide Convention
• look at the laws and customs of war; of sexual offences in the context of war and civil unrest
• examine the practice of the ad hoc tribunals with respect to (a) the investigation process; and (b) trial procedures
• engage in a study of selected international criminal law cases
• examine the position of defendants in international criminal law and other related issues concerning the defence of international criminals
• examine sentencing of the international criminal offender
• analyse the appeals process and selected decisions

It is expected that on completion of this topic students will be able to apply, analyse and:

• demonstrate an understanding and appreciation of international criminal law including the cases and legal instruments which form part of this body of law
• develop an understanding of how criminal law is enforced at the international level
• appreciate the political nature of this area of criminal law enforcement and how states often try to influence such enforcement