LAW 561
International Criminal Law
(Harrington)
Prerequisite courses: Criminal Law and Public International Law (LAW 506) are strongly recommended
Prerequisite for: None
Instructor: Professor Joanna Harrington
Course credit: 3
Method of presentation: seminar combining lectures and discussion
METHOD OF EVALUATION
A two-page briefing note (15%), a short oral presentation in class (10%), and a legal research paper of no more than 5000 words (inclusive of footnotes) on a current topic of international criminal law (75%).
COURSE DESCRIPTION
International criminal law combines knowledge of the basics of both public international law and criminal law, with a view to creating both a national and international legal framework for the prosecution of those who commit the most egregious crimes. International criminal law was fully established as a field within public international law in the mid-1990s, with law schools offering courses since the mid-2000s. It is hard to do well in this subject area without having done both a criminal law course AND the basic international law course.
The International Criminal Law course appeals to students interested in questions of accountability for those responsible for the commission of the most serious crimes (genocide, crimes against humanity, war crimes, and aggression). It also appeals to students interested in the creation of new international criminal courts, most notably the International Criminal Court (ICC), and it appeals to those with an interest in history, examining the lessons of Nuremberg and Tokyo, Rwanda, and the former Yugoslavia. The course examines the substantive aspects of the four core international crimes, as well as crimes of international concern, such as international terrorism and torture. The course also introduces students to the field of transnational criminal law, where efforts to cooperate to address cross-border crimes are international, but prosecutions are before a domestic court. The course also examines the international community’s approach to prosecuting international crimes through hybrid tribunals, combining international and national elements, such as the Special Tribunal for Lebanon. This course also examines the national prosecution of international crimes, including examples under Canada’s Crimes against Humanity and War Crimes Act. It also covers matters arising in the practice of international and transnational criminal law, exploring such topics as the principles of liability and defence, as well as extradition and mutual legal assistance. Those who wish to practice as lawyers with NGOs may also benefit from the discussion of such matters as victims’ rights, as well as the role for NGOs in outreach.
Looking for experiential or practice-related learning? This course has a strong legal skills component, with dedicated classes on legal research strategies and effective written communication skills. These skills have been identified as relevant to the practice of law by the Federation of Law Societies of Canada.
SPECIAL COMMENTS
Description updated 2021-22. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS:
Robert Cryer, Darryl Robinson and Sergey Vasiliev, An Introduction to International Criminal Law and Procedure, 4th ed. (Cambridge: Cambridge University Press, 2019).
Students will also need copies of the Rome Statute of the International Criminal Court and Canada’s Crimes Against Humanity and War Crimes Act – available for free from the internet.