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International Criminal and Human Rights Law

  • Module code: LL6603
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

This module is an elective which introduces you to the criminal law responsibility of private individuals (ICL) and their human rights protection (IHR) under international law.

The first part aims to focus on essential aspects of ICL: the mechanisms of international criminal justice as well as substantive aspects. This will be achieved by exploring the sources as well as the fundamental principles of ICL, institutional aspects of ICL from the Nuremberg Tribunals to the international Criminal Court (ICC) as well as established international crimes (Genocide, crimes against humanity and war crimes). 

The second part aims to focus on essential aspects of IHR: it will contextualise the topic by examining the main international instruments which provide protection for human rights, substantive established human rights, the importance of the distinction between global and regional protection of human rights with a special focus on the European Convention of Human Rights as well as the mechanisms in place to protect and enforce these rights.

The final part will provide a particular focus on a number of crimes analysed both from an ICL and IHR perspective, such as the crime of torture.

It will be assessed both through a coursework and a written examination.

Aims

  • to develop appropriate skills in researching, analysing and solving factual problems in both ICL and IHR;
  • to help students understand the fundamental theories of ICL and IHR;
  • to enable students to demonstrate the ability to apply and evaluate rules and doctrines to a level appropriate to a final year law student.
  • to discuss the modern discourse on ICL and IHR and how they are likely to evolve in the future.

Learning outcomes

On successful completion of the module, students will be able to:

  • evidence a critical understanding of the important theoretical and practical aspects of ICL and IHR;
  • understand the interaction between the law and politics;
  • demonstrate problem solving skills in the area of international law, with a specific focus on criminal and human rights aspects;
  • appreciate the forces that have shaped the criminal responsibility and human rights protection of individuals under international law;
  • analyse facts to identify and apply instruments of law and enforcement;
  • provide evidence of extensive independent research and analytical skills in particular issues as well as an ability to communicate effectively both orally and in writing.

Curriculum content

  • Legal personality of individuals in international law
  • Sources of ICL and IHR
  • State jurisdiction in criminal cases and human rights protection
  • Fundamental principles of ICL and IHR
  • International criminal and human rights tribunals  / Courts and mixed tribunals
  • International crimes: genocide, crimes against humanity and war crimes
  • The International Bill of Human Rights
  • Minority rights
  • Regional protection of human rights: Europe and human rights: The ECHR
  • Torture: the protection against it and the prosecution of it under international law

Teaching and learning strategy

Delivery will be through lectures, workshops and group activities using Technology Enhanced Learning and abundant use of Canvas. Students will be directed to independent reading to reinforce and expand on the materials delivered in class. The workshops will include in-class activities which will feed into the assessment. 

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Feedback/feedforward sessions and workshops 66
Scheduled learning and teaching 234
Total (number of credits x 10) 300

Assessment strategy

The assessment will consist of two pieces of coursework. It will contain a mixture of essay-based and problem-based questions and will take the form of an exercise requiring research on a set of issues that give rise to a legal problem on the issues raised.    This will require students to demonstrate an ability to identify relevant sources; handle a large volume of material (some quite abstract); critically analyse and synthesise that material in terms of the question set; employstandard academic conventions including, in particular, the use of evidence to support all arguments and statements of fact or opinion; demonstrate proper use of language and attention to details of grammar and punctuation; critically analyse the legal issues according to the rules of international criminal and human rights law.

Students will have the opportunity to receive feedback and engage in formative assessment, through reviews of past assessments, in class discussions and presentations, in preparation to the summative assessment.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) evidence a critical understanding of the important theoretical and practical aspects of ICL and IHR; FS and Coursework
2) understand the interaction between the law and politics FS and Coursework
3) demonstrate problem solving skills in the area of international law, with a specific focus on criminal and human rights aspects FS and Coursework
4) appreciate the forces that have shaped the criminal responsibility and human rights protection of individuals under international law; FS and Coursework
5) analyse facts to identify and apply instruments of law and enforcement FS and Coursework
6) provide evidence of extensive independent research and analytical skills in particular issues as well as an ability to communicate effectively both orally and in writing. FS and Coursework

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Essay Coursework 50%
Problem based questions Coursework 50%
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any element of assessment is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

Cassese, International Criminal Law, OUP

Smith, Textbook on International Human Rights, OUP

Bibliography recommended reading

Bantekas, International Criminal Law, Hart

Grant & Barker, International Criminal Law Deskbook, Cavendish Publishing

Hirsh, Law against Genocide, Glasshouse Press

Mowbray, Cases & Materials on the European Convention of Human Rights, OUP

Nickel, Making Sense of Human Rights, Blackwell

Robertson, Crimes against Humanity, Penguin

Rehman, International Human Rights Law, A practical approach, Pearson 

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