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    Intl CRL Law-Syllabus-2023

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    B Shivangi 1077
    This document outlines the course objectives, content, and evaluation scheme for an undergraduate course on International Criminal Law. The course aims to develop students' understanding of the origins and progressive development of international criminal law. It will cover the core crimes under international law like war crimes, genocide, and crimes against humanity. Students will learn about the substantive law and principles of liability under the Rome Statute of the International Criminal Court. The course will be taught through lectures, case studies, discussions and student presentations over 4 hours per week. Students will be evaluated through continuous assessments, a midterm exam, and an end-of-term exam.

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    Intl CRL Law-Syllabus-2023

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    B Shivangi 1077
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    This document outlines the course objectives, content, and evaluation scheme for an undergraduate course on International Criminal Law. The course aims to develop students' understanding of the origins and progressive development of international criminal law. It will cover the core crimes under international law like war crimes, genocide, and crimes against humanity. Students will learn about the substantive law and principles of liability under the Rome Statute of the International Criminal Court. The course will be taught through lectures, case studies, discussions and student presentations over 4 hours per week. Students will be evaluated through continuous assessments, a midterm exam, and an end-of-term exam.

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    Intl Crl Law-Syllabus-2023

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    This document outlines the course objectives, content, and evaluation scheme for an undergraduate course on International Criminal Law. The course aims to develop students' understanding of the origins and progressive development of international criminal law. It will cover the core crimes under international law like war crimes, genocide, and crimes against humanity. Students will learn about the substantive law and principles of liability under the Rome Statute of the International Criminal Court. The course will be taught through lectures, case studies, discussions and student presentations over 4 hours per week. Students will be evaluated through continuous assessments, a midterm exam, and an end-of-term exam.

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    40 views6 pages

    Intl CRL Law-Syllabus-2023

    Uploaded by

    B Shivangi 1077
    This document outlines the course objectives, content, and evaluation scheme for an undergraduate course on International Criminal Law. The course aims to develop students' understanding of the origins and progressive development of international criminal law. It will cover the core crimes under international law like war crimes, genocide, and crimes against humanity. Students will learn about the substantive law and principles of liability under the Rome Statute of the International Criminal Court. The course will be taught through lectures, case studies, discussions and student presentations over 4 hours per week. Students will be evaluated through continuous assessments, a midterm exam, and an end-of-term exam.

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    of 6

    INTERNATIONAL CRIMINAL LAW

    UNDER GRADUATE – VIII SEMESTER

    SESSION 2021-2022
    (FEBRUARY – JUNE)

    FACULTY: DR. SHREEMANSHU KUMAR DASH

    National University of Study and Research in Law, Ranchi


    Ranchi (Jharkhand)
    INDIA

    Page 1 of 6
    BACKGROUND

    International Criminal Law (ICL) is a discipline that straddles Public International Law and
    Criminal Law. It simultaneously derives its origin from and continuously draws upon International
    Humanitarian Law, Human Rights Law, and National Criminal Law as well. At its origin, ICL was
    mainly concerned with offences committed during armed hostilities in times of war. Thereafter,
    since World War II that new categories of crimes have developed. As for the rules on international
    criminal proceedings, they were first laid down in the Statutes of International Military Tribunal
    and the International Military Tribunal for the Far East. However, the recent establishment of
    international criminal tribunals and in particular, of the International Criminal Court, has given a
    stupendous impulse to the evolution of a corpus of international criminal rules proper.

    OBJECTIVES OF STUDY:
    This course has been designed to develop among students an understanding of the
    development of major areas in ICL. The endeavour has been to present a concise yet comprehensive
    overview of the subject with a view to provide basic information to the students at the
    undergraduate level through this optional course.

    The aim of the course is as follows:

    ● It seeks to enable students to develop an awareness of the basic concepts of substantive


    international criminal law.

    ● It tends to cover origins of international criminal law, its progressive development in terms
    of substantive law since the Second World War, and the progress made towards the establishment
    of permanent International Criminal Court.

    ● It lays emphasis on objective and subjective components the core crimes: war crimes,
    genocide, crimes against humanity and crime against peace A particular emphasis will be placed on
    the Statute of the International Criminal Court entered into force in 2002.

    ● It aims to give students a comprehensive understanding of international criminal law (ICL)


    and its broad interrelationship with some of the other branches of international law, particularly
    international humanitarian law and international human rights law.

    TEACHING- LEARNING METHODOLOGY:


    The course would involve 4 hours of class room teaching every week. Class room teaching
    involves lecture mode, case studies, discussions and presentations by students on selected topics of
    the week.

    EVALUATION SCHEME:
    a) Continuous Assessments 30%

    b) Mid Term 20%

    c) End Term 50%

    Page 2 of 6
    COURSE SYLLABUS

    MODULE 1: FUNDAMENTALS OF ICL


    1.1 Notion of ICL

    1.2 General features of ICL

    1.3 Sources of ICL

    1.4 Historical evolution

    1.5 Developments within League of Nations

    1.6 Nuremberg and Tokyo tribunals

    1.7 Adhoc and Mixed Tribunals

    MODULE 2: GENERAL PRINCIPLES OF ICL


    2.1 The principle of individual criminal responsibility

    2.2 The principle of legality of crimes

    2.3 Articulation of the principle of legality

    2.4 The principle of legality of punishments

    MODULE 3 : INTERNATIONAL CRIMINAL COURT


    3.1 Establishment of the court

    3.2Structure and Administration of the court

    3.3Relationship with the United Nations

    3.4 Organs of the Court: The Presidency, The chambers, Office of the prosecutor, Assembly of
    States parties and Review conference.

    3.5 Jurisdiction of the court

    3.6 Complementarity Principle

    MODULE 4: INTERNATIONAL CRIMES


    4.1 War Crimes: notion and origin, objective and subjective elements, link with armed conflict, war
    crimes under ICC Statute.

    4.2 Crimes Against Humanity: notion and origin, objective and subjective elements, possible
    authors and victims, crimes against humanity under customary international law and ICC Statute

    4.3 Genocide: notion and origin, objective and subjective elements,1948 Geneva Convention,
    genocide under customary international law and ICC Statute

    4.4 Aggression

    4.5 Torture

    4.6 Terrorism

    Page 3 of 6
    4.7 Piracy

    MODULE 5: GENERAL PRINCIPLES OF CRIMINAL LIABILITY


    5.1 Introduction
    5.2 Perpetration/commission
    5.3 Joint criminal enterprise
    5.4 Aiding and abetting
    5.5 Ordering, instigating, soliciting, inducing and inciting
    5.6 Planning, preparation, attempt and conspiracy
    5.7 Mental elements
    5.8 Command/superior responsibility
    MODULE 6: DEFENCES/GROUNDS FOR EXCLUDING CRIMINAL RESPONSIBILITY
    6.1 Introduction
    6.2 The ICC Statute and defences
    6.3 Mental incapacity
    6.4 Intoxication
    6.5 Self-defence, defence of others and of property
    6.6 Duress and necessity
    6.7 Mistake of fact and law
    6.8 Superior orders
    6.9 Other ‘defences’

    READINGS:

    Statutes and Conventions:


    ● Rome Statute for the InternationalCriminal Court, July 17, 1998, 37 I.L.M. 1002
    ● The Rules of Procedure and Evidence (ICC)
    ● The Elements of Crimes (ICC)
    ● Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious
    Violations of International Humanitarian Law Committed in the Territory of the Former
    Yugoslavia Since 1991, May 25, 1993, 32 I.L.M. 1192.
    ● Statute of the International Tribunal for Rwanda, Nov. 8, 1994, 33 I.L.M. 1602
    ● Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by the
    GeneralAssembly of the United Nations on 9 December 1948, Jan 12, 1951.
    ● Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
    Punishment, Dec. 10, 1984, U.N . Doc. A/RES/39/46.

    Page 4 of 6
    ● Principles of International Cooperation in the Detection, Arrests, Extradition and
    Punishment of Persons Guilty of War Crimes and Crimes Against Humanity, 1973.

    BOOKS

    ● Bantekas, Ilias, International CriminalLaw, 4th ed., Oxford: Hart, 2010

    ● Bantekas, Ilias and Susan Nash, International Criminal Law, 3rd ed., NY: Routlege Cavendish
    Publishing, 2009
    ● Bassiouni, Cherif M., Introduction to International Criminal Law, Ardsley, NY: Transnational
    Publishers, 2003
    ● Bassiouni, Cherif M., International Criminal Law, 3rd ed., Leiden, The Netherlands: Martinus N
    ijhoff, 2008
    ● Belleli, Roberto, ed., International Criminal Justice: Law and Practice from the Rome Statute to
    itsReview, England: Ashgate Publishing, 2010
    ● Brown, Bartram S, ed., Research Handbook on International Criminal Law,UK : Edward Elgar,
    2011
    ● Cassese, Antonio, InternationalCriminal Law, 2nd ed., Oxford: OUP, 2008
    ● Cassese, Antonio, Guido Acquaviva, Mary Fan and Alex Whiting, International Criminal Law:
    Cases and Commentary, London: OUP, 2011
    ● Cassese, Antonio, ed., The Oxford Companion to International Criminal Justice, Oxford: OUP,
    2008
    ● Cyrer, Robert, HakanFriman, Darryl Robinson and Elizabeth Wilmhurst, An Introduction to
    International Criminal Law and Procedure, 2nd ed., Cambridge, UK : Cambridge University
    Press, 2010
    ● Doria, Jose (et al.), ed., The Legal Regime of the International Criminal Court: Essays in Honour
    of Professor Igor Blishchenko, Leiden, The Netherlands: MartinusNijhoff, 2009
    ● Herik, Larissa van dek and Carsten Stahn, ed., The Diversification and Fragmentation of
    International Criminal Law, Leiden, The Netherlands: MartinusNijhoff, 2012
    ● Knoops, Geert-Jan Alexander, Defenses in Contemporary International Criminal Law, 2nd ed.,
    Leiden, The Netherlands: MartinusNijhoff, 2007
    ● Sadat, Leila Nadya and MichaelP. Scharf, ed., The Theory and Practice of International Criminal
    Law: Essays in Honour of M. CherifBassiouni, Leiden, The Netherlands: MartinusNijhoff, 2008
    ● Schabas, William A, Nadia Bernaz, Routledge Handbook of International Criminal Law, Taylor
    & Francis, 2010
    ● Schabas, William A, An Introduction to the Inetrnational Criminal Court, 4th ed., Cambridge:
    Cambridge University Press, 2011

    Page 5 of 6
    ● Sunga, Lyal S., The Emerging System of International Criminal Law: Developments in
    Codification and Implementation, Hague, The Netherlands: Kluwer Law International, 1997
    ● Werle, Gerhard, Principles of InternationalCriminal Law, 2nd ed., Hague: TMCAsser, 2009
    ● Werle, Gerhard and Florian Jessberger, Principles of International Criminal Law, 3rd ed., Oxford:
    OUP, 2014
    ● Zeidy, Mohammed M E l, The Principle of Complimentarity in International Criminal Law:
    Origin, development and Practice, Leiden, The Netherlands: MartinusNijhoff, 2008

    ONLINE RESOURCES

    The materials in the following websites are helpful:

    ● http://www.icty.org (International Criminal Tribunal for the former Yugoslavia)


    ● http://www.ictr.org (International Criminal Tribunal for Rwanda)
    ● http://www.icc-cpi.int (International Criminal Court)
    ● http://www.icrc.org/ (International Committee of the Red Cross)
    ● http://www.iccnow.org/ (Coalition for the International Criminal Court)

    Page 6 of 6

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