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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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Subject Matter of ICL Notion of ICL, position of ICL within the system of PIL, relation to other areas of PIL, crime under international law, traditional classes of crimes under international law, conventional crimes, alternatives to ICL Historical Evolution of ICL Versailles, from Nuremberg to Lebanon, ad hoc tribunals, hybrid tribunals International Criminal Law - Vertical - Material Basic principles of individual criminal responsibility, elements of crimes under international law (actus reus, mens rea), forms of responsibility in ICL with special focus on JCE and superior responsibility, circumstances precluding wrongfulness International Criminal Law - Vertical - Material Elements of crimes under international law - genocide, crimes against humanity, war crimes, aggression, terrorism, torture, piracy International Criminal Law - Vertical - Procedural Basic principles, proceedings before the ICC Internationa Criminal Law - horizontal Concept of jurisdiction (prescriptive, adjudicative, executive), territoriality, active and passive personality, universality, influence of ICL on domestic regulativ, legal impediments (immunity, prescription, amnesty) Relation between International and Domestic Courts Primacy, complementarity, cooperation, arrest, surrender Activity of the International Criminal Court Ratification process, analysis of current case-law
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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.
At the end of the course the student should have the knowledge and skills necessary to classify crimes under international law, the students should be able orientate themselves in extensive judicial practice of international criminal tribunals and have a good command of international criminal proceedings, know the relation between International and Domestic Courts, have the knowledge of basic principles and proceedings before the ICC.
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Prerequisites
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There are no pre-requisites for this subject.
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Assessment methods and criteria
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Mark
ICL course is realized in a summer semester, tutorials are held in odd and even weeks in the form (0+2). The attention of the course is given to discussions over actual developments in area of ICL, or more generally in area of PIL - students are demanded to present current news. The emphasis is put on active participation. The course is ended by written test. The student is required to work with the learning objects, which have been created for the concrete subject and are available for authorized students in LMS EDIS.
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Recommended literature
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Bassiouni, Ch.M. (2008). International Criminal Law. Nijhoff, Leiden.
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Boas, G. et al. (2008). Elements of Crimes Under International Law. CUP, Cambridge.
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Cassese, A. (2008). International Criminal Law. Oxford.
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Cryer, R. (2007). An Introduction to International Criminal Law and Procedure. CUP, Cambridge.
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Svaček, O. (2012). International Criminal Law. UP Olomouc.
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Werle, G. (2005). Principles of International Criminal Law. Asser, Hague.
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Zahar, A. (2008). International Criminal Law: a critical introduction. OUP, Oxford.
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