International Criminal Law and Procedure
Course content
The course introduces the fundamentals of the substantive and procedural aspects of International Criminal Law (ICL), with a major focus on the functioning of the International Criminal Court (ICC) and its role in the delivery of justice.
The first part of the course addresses substantive law issues, including:
- The historical development of international criminal law: from Nuremberg to the International Criminal Court.
- Principles of international criminal law.
- An introduction to international crimes (their origins, theoretical foundations, and elements).
- Genocide. Contemporary case studies: Myanmar, Ukraine, and Gaza.
- War crimes. Contemporary case studies: Israel-Gaza, Syria, and Russia-Ukraine.
- Crimes against humanity. Contemporary case studies: post-election violence in Kenya and Côte d’Ivoire.
- The crime of aggression (the Kampala Amendments and the ICC’s special jurisdictional regime). Case in point: The Special Tribunal for the Crime of Aggression against Ukraine.
- The crime of terrorism. Case in point: The Special Tribunal for Lebanon.
- Principal and accomplice modes of criminal liability before the ICC.
- Head-of-State immunities in ICL, with a focus on the ICC’s case law in Al Bashir case.
- Grounds excluding criminal responsibility (defences) before the ICC.
The second part of the course focuses on procedural law, covering the fundamentals and principles of international criminal adjudication and the stages of proceedings before the ICC:
- Introduction to international criminal procedure: a sui generis system combining elements of adversarial and inquisitorial models
- Jurisdiction of the ICC and the principle of complementarity
- Principles of international criminal trials
- Preliminary examinations before the ICC
- Investigations and pre-trial proceedings before the ICC
- Trials and the law of evidence before the ICC
- Appeals before the ICC
- Sentencing and enforcement of sentences in the ICC
- Victim participation framework in the ICC
- Reparations in the ICC
Master in Laws (LL.M.)
Master in Social Sciences in Laws (cand.soc.)
Students will acquire in-depth knowledge of the workings of international criminal courts and tribunals as well as challenges encountered by domestic courts in the prosecution and adjudication of core international crimes. In addition, the course will address some aspects of international humanitarian law and public international law.
- Present and explain theoretical and practical issues of international criminal law and procedure, and their application in cases before the ICC;
- Identify complex, domain-specific legal problems in the field of ICL;
- Propose professional solutions to domain-specific legal problems in the field of ICL;
- Apply legal analysis to concrete real-life problems arising in the field of ICL;
- Present and critically assess arguments relevant to the subject matter of the course;
- Evaluate alternatives and develop reasoned theoretical and practical options for the application of international criminal law and procedure.
Student presentations, in-class discussions and in-class documentary viewings.
Darryl Robinson, Sergey Vasiliev, Elies van Sliedregt & Valerie Oosterveld, An Introduction to International Criminal Law and Procedure (5th ed, Cambridge University Press 2024)
A further reading list of obligatory and optional readings will be distributed among students and posted on Absalon during the course.
It is illegal to share digital textbooks with each other without permission from the copyright holder.
It is desirable that students have completed a basic course in Public International Law and/or Criminal Law. A fair knowledge of English is a minimum requirement.
Feedback on assignments (individual and collective)
- Students enrolled at Faculty of Law: Self Service at KUnet
- Students enrolled at other UCPH faculties or Danish universities, who holds a pre-approval from their Study Board: Credit student application form
- All other students or professionals: Single subject application form (tuition fee apply)
- ECTS
- 15 ECTS
- Type of assessment
-
Oral examination, 20 minutes
- Type of assessment details
- Oral exam with preparation, 20 minutes
- Aid
- All aids allowed
Read about the descriptions of the individual exam forms, including formal requirements, scope and deadlines in the exam catalogue
Read about practical exam conditions at KUnet
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
- Exam period
-
Fall: uge 51 - mandag, tirsdag, onsdag
Spring:
Exam: week 22 - Wednesday, Thursday, Friday
Re-exam: week 33 - Monday, Tuesday, Wednesday
- Re-exam
-
Same exam form as the ordinary exam
Criteria for exam assessment
Successful achievement of main objectives of the course that should be demonstrated by students during the final oral examination
Single subject courses (day)
- Category
- Hours
- Preparation
- 356,5
- Seminar
- 56
- English
- 412,5
Kursusinformation
- Language
- English
- Course number
- JJUA55038U
- ECTS
- 15 ECTS
- Programme level
- Full Degree Master
Full Degree Master choice
- Duration
-
1 semester
- Placement
- Autumn And Spring
- Price
-
- Students enrolled at Faculty of Law or holding a pre-approval: No tuition fee
- Professionals: Please visit our website
- Schedulegroup
-
Please see timetable for teaching hours
- Studyboard
- Law
Contracting department
- Law
Contracting faculty
- Faculty of Law
Course Coordinator
- Iryna Marchuk (13-7079807568357468796a6f7c7247717c7935727c356b72)
Se skema
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