LAW 561
International Criminal Law
(Purser)
Prerequisite courses: Public International Law (LAW 506) is strongly recommended
Prerequisite for: None
Instructor: Stacey M. Purser
Course credit: 3
Method of presentation: Lecture/Seminar
METHOD OF EVALUATION
The primary method of evaluation will be a research paper worth 60% of the grade. In preparation for the paper, students will be expected to hand in a paper outline (worth 5%) and then give an in-class presentation (worth 25%) on their paper, or an aspect of their paper. Participation will account for the remaining 10% of the grade.
COURSE DESCRIPTION
The study of “International Criminal Law” (ICL) is a relatively new field of study that only really began in the late 20th century, following the Nuremburg and Tokyo trials that prosecuted the individuals thought to be responsible for the atrocities committed during WWII. The modern study of ICL, however, also now covers the related area of “Transnational Criminal Law” (TCL), which deals with the national prosecution of transnational crimes. This course seeks to provide a broad overview of both ICL and TCL to give students a more fulsome understanding of the way in which international and transnational crimes are prosecuted and defended.
International Criminal Law, strictly speaking, generally deals with four “core crimes:” 1) Genocide; 2) War Crimes; 3) Crimes Against Humanity; and 4) Crimes against Peace. The first modern-day prosecution of these crimes began with the Nuremburg Trials, followed closely by the Tokyo Trials. These trials wrestled with the difficult question of whether these tribunals had the jurisdiction to try these crimes, given that no international version of the Criminal Code, or solidified international understanding of these crimes, existed during WWII. Following these trials were the trials held before the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rawanda (ICTR) in 1994 (collectively the “ad hoc tribunals”), both of which were established by United Nations Security Council resolutions, after the fact, as temporary tribunals meant to deal with specific conflicts. Miraculously, in 1998, the Rome Statute was adopted establishing the International Criminal Court, the world’s first permanent international criminal court. This court, however, has not been without its shortcomings.
Transnational Criminal Law, on the other hand, deals with the national prosecution of transnational crimes. In short, TCL deals with offences committed contrary to one state’s laws that also affect the legal interests of other states. It is these sorts of prosecutions that students are more likely to encounter in their careers in Canada (when compared to ICL). While much of TCL deals with international drug dealing operations, human trafficking, and money laundering, among other things (i.e., truly crimes that transcends borders), almost any crime can take on a transnational aspect. For example, someone who commits a murder entirely in the United States, but then flees to Canada, may then become the subject of an extradition request (which engages TCL issues, despite the crime having been committed in only one jurisdiction). This area of law deals with such issues as jurisdiction to prosecute, rendition of fugitive offenders, effects of the crime, and cooperation regarding investigation, witnesses and evidence. In more recent years, the international community has progressively developed a body of law and procedures in an attempt to suppress these activities and to support national legal systems in the investigation and prosecution of offenders, the latter through treaties of extradition and mutual legal assistance.
SPECIAL COMMENTS
Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS:
R.J. Currie & J. Rikhof, International & Transnational Criminal Law, 3rd ed. (Toronto: Irwin, 2020)