International Criminal Tribunals 2751-BW-KONJA-20-ICT

The classes on International Criminal Tribunals consist of 20 hours. Its aim is to get the students acquainted with the jurisprudence of the ad hoc international criminal tribunals namely the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. The students together with the teacher analyze the most important and most representative judgments of those Tribunals in the sphere of war crimes, crimes against humanity and genocide. Within the classes the new concepts introduced in the ad hoc Tribunals jurisprudence will be included, ex. overall control test from the ICTY case law. This jurisprudence is very important as it immensely contributed to clarification and explanation of a large number of IHL rules making this branch of law more coherent and clear.

Total student workload

Classes - 20 h; gathering materials to prepare the presentation (time spent in the library, searching for the materials on the internet) - 30 h; direct preparation of the presentation (writing an essay, making Power Point presentation) - 20 h; internalizing the materials and preparing to make a speech in the framework of the presentation -30 h. In total:100 h.

Learning outcomes - knowledge

K_W01 A student knows the terminology, aims and principles of international humanitarian law, including the definitions of war crimes, crimes against humanity and genocide; K_W02 A student knows mechanisms of application and interpretation of international humanitarian law; K_W03 A student knows the role of international criminal tribunals in the implementation of international humanitarian law within the contemporary international relations.

Learning outcomes - skills

K_U01 A student analyses the jurisprudence of international criminal tribunals and courts; K_U02 A student interprets legal texts of international humanitarian and international criminal law.

Learning outcomes - social competencies

K_K01 A student works efficiently in a group; K_K02 A student takes responsibility for preparing a paper which is a basis for passing the classes; K_K03 A student can think and put arguments on his/her own and in an independent manner; K_K04 A student is aware of the necessity of self-education and self-development.

Teaching methods

The classes are conducted with the use of the method of an introductory lecture followed by presentation made by two- or three-students groups. After that there is a discussion with the participation of all students present.

Expository teaching methods

- informative (conventional) lecture

Exploratory teaching methods

- presentation of a paper

Type of course

elective course

Prerequisites

Basic knowledge of public international law and ability to speak English.

Course coordinators

Agnieszka Szpak

Assessment criteria

Each student taking part in IHL classes has to present a paper (oral presentation). I will also take into account the attendance and activities during classes. 2 absences are possible with no consequences
Each presentation must contain facts of the case and legal conclusions of the Tribunal plus a short introduction on IHL rules relevant to the case. Reading is not allowed, you must present the case, using your own words.

Case law is available: http://www.icty.org/ Yugoslavia Tribunal (ICTY) – cases/summaries
- http://www.unictr.org/ - Rwanda Tribunal (ICTR) - cases/summaries
- Facts of the cases may also be found here (profiles of the accused): http://www.trial-ch.org/en/home.html - search + name of the accused person, ex. Jean Paul Akayesu
- Interesting commentaries available here: http://www.haguejusticeportal.net/eCache/DEF/31.html
- In Polish – some judgments are translated in: M. Królikowski, P. Wiliński, J. Izydorczyk, M. Znojek (red.), Prawo karne międzynarodowe. Wybór źródeł, Warszawa 2010;
- Legal documents (Geneva Convention of 1949 and Additional Protocols of 1977) in Polish in: M. Flemming, Międzynarodowe prawo humanitarne konfliktów zbrojnych. Zbiór dokumentów (uzupeł. i red. M. Gąska, E. Mikos-Skuza), Warszawa 2003;
- In English: http://www.icrc.org/ - war & law – treaties and customary law – treaty database and State party.
- On the ICRC website you may find many interesting articles, also on the caselaw: www.icrc.org

Bibliography

Examples of some useful literature:

Dinstein Y., The Conduct of Hostilities under the Law of International Armed Conflict, Cambridge University Press, 2004;

Kalshoven F., Zegveld L., Constrains on the Waging of War. An Introduction to International Humanitarian Law, Geneva 2001;

Lemkin R., Genocide, „The American Scholar” nr 2 (1946), s. 227-230;

Lemkin R., Genocide – A Modern Crime, „Free World” nr 4 (1945), s. 39-43;

Lemkin R., Genocide as a Crime under International Law, „The American Journal of International Law” nr 41 (1947), s. 145-151;

Kastrup D., From Nuremberg to Rome and Beyond: The Fight Against Genocide, War Crimes, and Crimes Against Humanity, „The Fordham International Law Journal” nr 23 (1999-2000), s. 404-414;

McCoubrey H., The Concept and Treatment of War Crimes, “Journal of Armed Conflict” nr 1 (1996), s. 121-139;

McHenry J., Justice for Foca: The International Criminal Tribunal for Yugoslavia’s Prosecution of Rape and Enslavement as Crimes Against Humanity, „The Tulsa Journal of Comparative & International Law” nr 10 (2002-2003), s. 183-222;

Mettraux G., Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda, „The Harvard International Law Journal” nr 43 (2002), s. 237-316.

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 2751-BW-KONJA-20-ICT in USOSweb