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Lecturer(s)
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Svaček Ondřej, doc. JUDr. LL.M. Ph.D.
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Course content
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Lectures: 1. Notion and subject-matter of ICL 2. History of ICL ? institutional framework 3. Basic principles of ICL 4. Genocide 5. Crimes against humanity 6. War crimes 7. Crime of aggression, terrorism, torture, piracy 8. Forms of responsibility in ICL 9. Circumstances precluding wrongfulness 10. International criminal proceedings 11. Prosecution of crimes under international before domestic courts. 12. Relation between international and domestic courts Seminars: 1. Position of ICL in the system of PIL. Alternatives to ICL 2. International and internationalized criminal tribunals 3. Principle of legality in ICL 4. Genocide and dolus specialis ? intent to destroy protected group or its part as such 5. Policy element in crimes against humanity 6. Basic principles of international humanitarian law 7. Kampala amendment on the crime of aggression 8. Joint Criminal Enterprise, indirect co-perpetration, superior responsibility 9. Duress, mistake of fact, superior orders 10. Interface of civil law and common law in international criminal procedure 11. Immunity, amnesty, prescription 12. Cooperation with International Tribunals
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The aim of this one semester course is to provide students with knowledge in one of the most progressive discipline of public international law. The course is focused on the position of international criminal law within the system of public international law, on the history of international criminal law reflected in foundation of even more perfect institutions (IMT, IMTFE, ICTY, ICTR, ICC) and especially on the current substantive and procedural regulation used at international forum, which is from its major part embodied in the Rome Statute of ICC. Integral part of the course is the analysis of some leading cases in international criminal law (Tadic, Miloševic, Akayesu, Dyilo etc.) The course describes the effort of international community to prosecute and punish the perpetrators of the most serious violations of international law both at international and municipal level. The course is held in English. The subject innovation has been supported by the project Support of Interdisciplinary studies and Study Programmes Innovations at Palacký University in Olomouc, CZ.1.07/2.2.00/28.0091.
Students who have completed this course will gain the knowledge and skills necessary to classify crimes under international law, they will orientate themselves in extensive judicial practice of international criminal tribunals and get familiar with international criminal proceedings.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses
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Assessment methods and criteria
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Mark
It is essential that those students who would like to get the colloquium must have active attendance and elaborate one chosen topic for presentation in seminar. The topics are consequent: universality principle, principle of complementarity, immunities, superior responsibility, joint criminal enterprise, genocide, crimes against humanity, war crimes, aggression. Students may elaborate individual topic after agreement with lecturer. The course is completed by written test accompanied by case examination.
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Recommended literature
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Bassiouni, Ch. (2012). Introduction to International Criminal Law. Leiden: Martinus Nijhoff.
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Boas, G. et al. (2008). Elements of Crimes Under International Law. CUP, Cambridge.
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Boas, G. et al. (2007). Forms of Responsibility in International Criminal Law. CUP, Cambridge.
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Cassese, A. (2011). International Criminal Law: Cases and Commentary. Oxford: OUP.
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Cassese, A. (2008). International Criminal Law. 2nd edition.. OUP, Oxford.
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Cassese, A. (2009). The Oxford Companion to the International Criminal Justice. Oxford: OUP.
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Crawford, J. (2013). Brownlie's Principles of Public International Law. Oxford: OUP.
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Cryer, R. et al. (2010). An Introduction to International Criminal Law and Procedure. Cambridge: CUP.
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O´Keefe, R. (2015). International Criminal Law. Oxford: OUP.
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Safferling, Ch. (2012). International Criminal Procedure. Oxford: OUP.
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Schabas, W. (2010). The International Criminal Court: A Commentary on the Rome Statute. Oxford: OUP.
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Werle, G., Jessberger, F. (2014). Principles of International Criminal Law. Oxford: OUP.
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Zahar, A. (2008). International Criminal Law: a critical introduction. OUP, Oxford.
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