Module Identifier
LAM8710
Module Title
SOURCES OF INTERNATIONAL CRIMINAL LAW
Academic Year
2008/2009
Co-ordinator
Dr Olaoluwa Olusanya
Semester
Intended for use in future years
Other Staff
 

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment One essay of 5000 words  100%

Learning Outcomes

On completion of this module, students should be able to:

1. Display a knowledge and understanding of the main sources of International Criminal Law.

2. Present critical and well-informed argument relating to the interpretation of these sources.

3. Demonstrate an understanding of the complexities of incorporating international crimes into a statute.

4. Identify and evaluate the relevance of historical and contemporary sources that are key to the development of international criminal law

5. Critically analyse the relevant literature and materials in this field and use them in critical discussion of the subject.

Content

1. Sources of the Crime of Genocide under international criminal law: Examples include the Genocide Convention 1948, Rome Statute of the International Criminal Court.

2. Sources of the Crime Against Humanity under international criminal law: Examples include the 1868 Saint Petersburg Declaration, 1907 Martens Clause and the Rome Statute of the International Criminal Court.

3. Sources of War Crimes under international criminal law: Examples include 1915 Declaration by the governments of France, Great Britain and Russia, the Nuremberg Charter and Control Council Law No. 10.

4. Sources of the Crime of Aggression under international criminal law: Examples include the Nuremberg Charter, General Assembly Resolution 3314, (1974), U.N. Preparatory Commission for the International Criminal Court, (2000), the Rome Statute of the International Criminal Court.

5. Sources of the Crime of Terrorism under international law: Examples include the International Convention for the Suppression of Acts of Nuclear Terrorism (2005) and the International Convention for the Suppression of the Financing of Terrorism, (1999).

Brief description

This module will introduce students to the main sources of substantive international criminal law. These sources constitute a legal `well spring¿ for the formulation of crimes within the subject matter jurisdiction of international crimes, in other words, `the core¿ of international criminal law, and therefore need to be identified and understood. This module will enhance the appreciation for, and understanding of, the rich and diverse materials that have been instrumental in the development of international criminal law.

Modern international criminal law was invented in the context of World War Two. It arose from the determination of the allied powers to prosecute Nazi war criminals for the atrocities of World War Two. This determination took the form of judicial proceedings revolving around the implementation of the Nuremberg Charter. Until very recently, the Nuremberg trials were the only such prosecutions in history. Today the number of international criminal law sources has increased considerably: they include the Statutes of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) and most recently the Rome Statute of the International Criminal Court. In formulating and applying substantive international criminal law the tribunals rely on a number of sources which this module will consider.

Module Skills

Skills Type Skills details
Application of Number N/A
Communication Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools. Written communication assessed only.
Improving own Learning and Performance Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area.
Information Technology The module is delivered almost entirely by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching.
Personal Development and Career planning Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently.
Problem solving By the examination and discussion of actual and hypothetical case studies.
Research skills By analysis of international conventions and appreciation of the context in which they have been promulgated.
Subject Specific Skills No.
Team work Team working skills will be encouraged and developed in group activities and discussions at the residential study schools.

Notes

This module is at CQFW Level 7