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JOHN CABOT UNIVERSITY

COURSE CODE: "LAW/PL 399"
COURSE NAME: "Special Topics in Law and Political Science"
SEMESTER & YEAR: Spring 2019
SYLLABUS

INSTRUCTOR: Lyal Sunga
EMAIL: lsunga@johncabot.edu
HOURS: TTH 11:30-12:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES:
OFFICE HOURS:

COURSE DESCRIPTION:
SUMMARY OF COURSE CONTENT:
LEARNING OUTCOMES:
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Quality Control in Fact-FindingMorten Bergsmo et. al. (eds.)Torkel Opsahl978-82-93081-78-4 Available for free download in PDF at http://toaep.org/ps/
Double Standards: International Criminal Law and the WestWolfgang KaleckTorkel Opsahl978-82-93081-67-8 Available for free download in PDF at http://toaep.org/ps/
Commentary on the Law of the International Criminal CourtMark Klamberg (ed.)Torkel Opsahl978-82-8348-100-6 Available for free download in PDF at http://toaep.org/ps/
Stay the Hand of Vengeance: The Politics of War Crimes TribunalsGary BassPrinceton9780691092782 on reserve at the JCU Library
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Midterm exam75-minute exam comprising several multiple choice and / or essay questions20
Moot court5-page moot prosecution or defense brief and moot court presentation20
Class participationComing to class prepared and contributing thoughtfully to class discussion10
Research Paper10 to 12-page paper on an ICL issue, deepening background into moot court situation20
Final Examination2½ hour comprehensive exam with essay questions30

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course.
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.

-ATTENDANCE REQUIREMENTS:
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

Week

Class Topic

1

 

Early Origins of ICL and Rationale behind It – International and Transnational Criminal Law Distinguished

2

 

Laws of War, the International Committee of the Red Cross and IHL

3

The Politics of Criminal Responsibility for World War I, the League of Nations and Leipzig Trials

4

 

World War II and International Military Trials at Nuremberg and Tokyo: Victors’ Justice?

The  Eichmann Case

5

 

The Crime of Genocide, the Rise of International Human Rights Law and the 1949 Geneva Conventions

6

 

Cold War Realpolitik, 1977 Additional Protocols and Glacial ICL Progress

7

Post-Cold War Politics and the Advent of the ICTY and ICTR – What Have the ICTY and ICTR Achieved?

8

 

The Establishment of the ICC and the Politics of Individual Criminal Responsibility under International Law

9

 

How Does the ICC Work? Is it universal? Is it fair? Is it effective? Security Council role? Current Pushback

10

 

Alternatives to ICL: Other Special Courts / Tribunals, National Truth Commissions and the Politics of Transitional Justice

11

 

Moot Court 1: Uganda and Lord’s Resistance Army

Moot Court 2: 2003 Invasion of Iraq

12

 

Moot Court 3: Myanmar and Rohingyas
Moot Court 4: Ukraine

13

 

Moot Court 5: Iraq and Syria

Moot Court 6: Venezuela

14

 

Critical Reflections on Future ICL Enforcement in a Tenuous International Political Climate