International Criminal Prosecution – 6882
The seminar will consist of four 3-1/2 hour classes, as described below. Each student will be required to write a paper on a topic of the student’s choosing related to the seminar. The paper must be 6000 words (about 20 pages) for one credit, 9000 words (about 30 pages) for two credits. Expectations with respect to depth of analysis are higher for those earning two credits. Students may specify on the paper how many credits are to be earned but should be aware of registration and cancellation deadlines. Papers will be due Monday, August 25.
Session 1: A general introduction to international criminal law from WWII onwards, focussing on State immunity versus individual criminal responsibility.
Session 2: The coming into existence and functioning of the International Criminal Tribunals for Rwanda and the former Yugoslavia, and their influence on the development of international criminal law. The second part of this session will relate to the so-called ‘special’ or ‘hybrid’ courts (Sierra Leone, East-Timor, Cambodia, Iraq, Lebanon), including the reasons why they have been installed, the trouble they have been confronted with and their (non-)achievements.
Session 3: This part will discuss the links between international criminal law and global trends such as the ‘constitutionalization’ and ‘humanization’ of the international legal order, and concepts such as the ‘responsibility to protect’. This session also covers the tension between criminal prosecution and the need to reach peace agreement.
Session 4: This session will focus on the US position on international criminal law, in particular the International Criminal Court. The second part of this session will relate to other means of ‘doing justice to the past’ (transitional justice and (African) alternatives for criminal prosecution for instance) and on interaction between traditional, national and international criminal law.