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JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 327"
COURSE NAME: "The Politics of International Criminal Law"
SEMESTER & YEAR: Spring 2021
SYLLABUS

INSTRUCTOR: Lyal Sunga
EMAIL: [email protected]
 HOURS: TTH 11:30 AM 12:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Recommended: PL 320
OFFICE HOURS:
COURSE DESCRIPTION:
This course provides a critical examination of the principles and institutions of International Criminal Law (ICL), which aims to hold individuals accountable for the crime of aggression, genocide, war crimes and crimes against humanity. To critically assess ICL’s effectiveness and contribution to international peace and justice, we study its development in the 20th century, and look closely at the workings of the International Criminal Court, other special courts and alternative approaches to transitional justice today.
SUMMARY OF COURSE CONTENT:

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 International Humanitarian Law

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

4.  World War II and its Aftermath: International Military Trials at Nuremberg and Tokyo; 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. Other Special Courts / Tribunals, National Truth Commissions and the Politics of Transitional Justice and Other Alternatives to International Criminal Law in the Pursuit of Justice, Peace and Security

11. Normally, we would do moot court exercises. However, because of the COVID-19 situation, I will lead an examination of several ICC case situations to explore how the ICC works in practice.

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

 
LEARNING OUTCOMES:
  1. Solid introductory level knowledge of the development, principles and application of ICL
  2. Appreciation of political factors that condition ICL legitimacy and enforcement
  3. Enhanced capacity to identify and analyze current situations involving ICL issues
  4. Well-informed comprehension of limitations and prospects for effective future ICL enforcement
  5. Development of skills in legal reasoning, writing, procedural strategy and policy assessment
TEXTBOOK:
NONE
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Class participationCome to class prepared, pay attention, take notes and engage in discussion!5%
Midterm exam Take-home exam comprising several essay questions – Thursday 4 March 202120%
Paper outlineTimely submission of topic, outline and concept of the research paper (2-3 pages) Due Thursday 18 March 2021 for approval by instructor by e-mail10%
Research Paper10 to 12-page paper on an ICL issue of around 4000 words / with clear, accurate and complete footnotes / Due Sunday 18 April 202135%
Final Examination2½-hour Comprehensive exam with essay questions – exam period: 3-7 May 202130%

-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:

Class Participation, for which attendance is fundamental, is 10% of your final grade. You get two "free" absences, after which they will start to pull down this part of your grade.

 

Absences from major examinations require a Dean’s Office excuse, if you want to take a make-up exam. The Dean’s Office will only excuse such absences when they are caused by serious impediments, such as a student’s own illness, hospitalization or death in the immediate family (in which the student is attending the funeral) or other situations of similar gravity. Absences due to other meaningful conflicts, such as job interviews, family celebrations, travel difficulties, student misunderstandings or personal convenience, will not be excused. You must notify the Dean’s Office that you will be absent from an exam before the beginning of that exam.

 
Absences from class due to the observance of a religious holiday will normally be excused. Individual students who will have to miss class to observe a religious holiday should notify me by the end of the Add/Drop period to make prior arrangements for making up any work that will be missed. 
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 /

Date

Class Topic

Readings

Week 1

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

 

 

 

- Cohen, Historiography of Historical Foundations of Theories of Responsibility in ICL (Bergsmo Vol 1)

- Liu, Investigating Origins: Going Beyond Conventional Historical Narratives of ICL (Bergsmo Vol 1)

- Robertson, Tyrannicide Brief (Bergsmo Vol 1)

- Sinha, The Manusmṛti and Laws of Warfare in Ancient India (Bergsmo Vol 3)

- Buis, Between Isonomía and Hegemonía: Political Complexities of Transitional Justice in Ancient Greece (Bergsmo Vol 3)

- Labuda, The Lieber Code, Retaliation and the Origins of ICL (Bergsmo Vol 3)

Week 2

Laws of War, the ICRC and IHL

- Gasser, Introduction to International Humanitarian Law

Week 3

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

- Maogoto, 1919 Paris Peace Conference and Allied Comm’n (Bergsmo Vol 1)

- Sellars, Trying the Kaiser (Bergsmo Vol 1)

- Mevis / Reijntjes, Hang Kaiser Wilhelm! But for What? (Bergsmo Vol 1)

- Neuner, When Justice Is Left to the Losers: Leipzig War Crimes Trials (Bergsmo Vol 1)

Week 4

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

The Eichmann Case

- Piesch / Sattler, Before Nuremberg: United Nations War Crimes Commission of 1943–1948 (Bergsmo Vol 1)

- Sellars, Founding Nuremberg: Innovation and Orthodoxy at the 1945 London Conference (Bergsmo Vol 1)

- Boister, Tokyo Military Tribunal: A Show Trial? (Bergsmo Vol 2)

- Totani, International Military Tribunals at Tokyo, 1946–1949 (Bergsmo Vol 2)

- Makoto, Expanding the Scope of Universal Jurisdiction through Municipal Law: From Piracy to the Crime of Aggression via the Eichmann Trial (Bergsmo Vol 4)

Week 5

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

- Guo, The Grave Breaches Regime of the 1949 Geneva Conventions: Origins, Developments and Prospects (Bergsmo Vol 3)

Thursday 4 March 2021 Take-home exam

Week 7

Cold War Realpolitik, 1977 Additional Protocols and Glacial ICL Progress

Ambach, From State to Individual: Evolution and Future Challenges of the Transposition of IHL into International Criminal Trials Against Individuals (Bergsmo Vol 3)

- Paylan / Klonowiecka-Milart, Examining the Origins of Crimes against Humanity and Genocide (Bergsmo Vol 3)

Week 8

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

- Re, Evolutionary, Revolutionary, or Something More Sinister? How the Nuremberg and Tokyo Procedures and Rules Continue to Influence ICL (Bergsmo Vol 4)

8-12 March – Spring Break

Week 9

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

- Wong, Individual Criminal Responsibility for Violations of Jus ad Bellum under Customary International Law: From Nuremberg to Kampala (Bergsmo Vol 3)

- Liu, Contribution of the UN Ad Hoc Tribunals to the Development of ICL (Bergsmo Vol 4)

- Brammertz / Hughes, From Primacy to Complementarity: The ICTY 1993–2015 (Bergsmo Vol 4)

Week 10

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

- Soares, Article 17 of the Rome Statute of the ICC: Complementarity – Between Novelty,

Refinement and Consolidation (Bergsmo Vol 4)

- Klamberg (ed.) Commentary on the Law of the ICC

- Sunga, The Crimes within the Jurisdiction of the ICC

- Sunga, Has the ICC Unfairly Targeted Africa or Has Africa Unfairly Targeted the ICC?

- Sunga, The Attitude of Asian Countries to the ICC

Week 11

The ICC Continued

Issue of Accountability concerning non-State parties to Rome Statute

18 Sunday April 2021 - 10 to 12-page paper on an ICL issue deadline

Week 12

ICC Situations in Practice

Venezuela / Bangladesh-Myanmar

Week 13

ICC Situations in Practice

Uganda / Darfur

Week 14

ICC Situations in Practice

Ukraine / UK-Iraq

Week 15

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

- Sunga, Ten Principles for Reconciling Truth Commissions and Criminal Prosecutions