International Criminal Trib. and Courts

Uitgebreide vaknaam	International Criminal Tribunals and Courts
Leerdoelen	To enable students to gain knowledge and understanding of the law and practice of International Criminal Tribunals and Courts. Students will learn the major elements of both substantive law and procedural law, and the methods used by these Tribunals. The main focus will be on the law and case law of the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC). Where relevant, attention will also be paid to the case law of other internationalised criminal tribunals and courts. Upon completion of this course, the student will achieve the following: Final attainment levels knowledge and insight: • Specialised knowledge and understanding of international criminal law, procedure and case law as well as of the functioning of international criminal courts and tribunals; • Specialised knowledge and understanding to solve problems raised by the implementation and enforcement of international criminal law, procedure and case law at the domestic and international levels; • Enhanced knowledge and understanding of the global context in which international criminal justice and its institutions operate. Final attainment levels skills and attitude: • The ability to independently collect, evaluate and apply relevant legislation, jurisprudence and literature related to a complex problem of international criminal law and procedure; • The ability to conduct independent academic legal research in the fields of international criminal law and procedure; • The ability to critically analyse, comment and discuss international criminal case law. • The ability to independently engage in academic discourse on international criminal law and procedure with peers from a variety of backgrounds; • The ability to make a complex argument concerning international criminal law and procedure understandable in written and spoken English to peers from a diversity of backgrounds. Final attainment levels study orientation and careers guidance: • Knowledge and insight in the career perspective; • Insight in the requirements that are needed, as a result of the permanent and quick development of positive law, for self-study and personal decision-making.
Omschrijving	Detailed study of international criminal law and justice, with a specific focus on the ad hoc International Criminal Tribunals and the International Criminal Court. This course adopts both a substantive and procedural approach so as to offer a complete insight into this very fast-growing and highly contemporary legal subject. Based on an in-depth analysis of the different legal instruments and of the relevant case-law, this course addresses judicial responses to mass atrocities and the prosecution of international crimes both at the domestic and international levels. It thus explores the very functioning of international (and internationalised) courts and tribunals at the pre-trial, trial and post-trial stages, focusing on the investigation of international crimes, on the gathering and admissibility of evidence (including forensic evidence), on issues of State cooperation as well as on modes of participation (individual criminal responsibility, joint criminal enterprise), on available defences, on sentencing and on the place given to victims of, and witnesses to, international crimes in the proceedings. The course adopts a critical approach to assess the role and effectiveness of international criminal law institutions in an international legal environment torn between globalization and fragmentation. Formative assessment: In-class group case law analysis, contextualising judicial decisions and critically assessing their import and impact. Summative assessment: Critical legal essay or case analysis based on relevant case law and academic literature (maximum 3,500 words).
Uren per week	4
Onderwijsvorm	hoorcollege (14 2-hour lectures (over 7 weeks). The module is divided into 14 lectures of two hours each, requiring active participation of the whole group under guidance of the lecturer.)
Toetsvorm	open boek (Student has choice between an essay question and a case analysis.)
Vaksoort	m5-niveau, juridisch
Coördinator	prof. dr. C.I. Fournet, PhD.
Docent(en)	prof. dr. C.I. Fournet, PhD.
Verplichte literatuur	Titel Auteur ISBN Prijs An Introduction to International Criminal Law and Procedure, Fourth edition, Cambridge University Press, 2019 Robert Cryer et al. €  49,00
Entreevoorwaarden	This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law. This course is not open to non-law exchange students. Not accessible for students who have passed International Criminal Tribunals before 1-9-2015.
Opmerkingen
Opgenomen in	Opleiding Jaar Periode Type Exchange programme Law 1 semester II b optional LLM Global Criminal Law 1 semester II b compulsory LLM International Human Rights Law 1 semester II b b. optional compulsory Ma Keuzevakken juridisch (selectie, zie toelichting) 4 semester II b keuze Open Colleges - semester II b keuze