International Courts and Criminal Tribunals: Theory and Practice

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

Participation in classes – 15h

Direct preparation for classes (including consultations and feedback) – 10h

Reading literature – 25h

Preparation for a test – 25h

Total: 75h (3 ECTS).

A student:

K1: has profound knowledge about the objective and methodological character of international politics, knows the terminology, aims and principles of international humanitarian law, including the definitions of war crimes, crimes against humanity and genocide (K_W01);

K2: has systematic knowledge about international justice system (K_W03);

K3: has profound knowledge about the rights of the individual and communities in the international arena (K_W07).

A student:

S1: analyses the jurisprudence of international criminal tribunals and courts (K_U01);

S2: analyses and interprets legal texts of international humanitarian and international criminal law (K_U10).

A student:

SC1: is ready to autonomously and critically evaluate the information (K_K01);

SC2: is able to think and act in a creative manner (K_K03).

Conventional lecture, case study

- informative (conventional) lecture

- presentation of a paper

The aim of the lecture on International Criminal Court and Tribunals is to acquaint the students with the functioning and jurisprudence of various types of international criminal tribunals, with special emphasis on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda and their jurisprudence.

The lecture on International Criminal Courts and Tribunals consist of 15 hours. Its aim is to get the students acquainted with the theoretical and practical aspects of the work of the title tribunals and their jurisprudence, in particular 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 lecture the new concepts introduced in the Tribunals jurisprudence will be included, ex. overall control test from the ICTY caselaw. 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.

Basic literature:

• B. Saul, D. Akande (ed.), The Oxford Guide to International Humanitarian Law, 2020;

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;

• Schindler D., Toman J., The Laws of Armed Conflicts. A Collection of Conventions, Resolutions and Other Documents, Leiden/Boston 2004;

Additional literature:

• Kastrup D., From Nuremberg to Rome and Beyond: The Fight Against Genocide, War Crimes, and Crimes Against Humanity, „The Fordham International Law Journal” no. 23 (1999-2000), p. 404-414;

• Lemkin R., Genocide as a Crime under International Law, „The American Journal of International Law” no. 41 (1947), p. 145-151;

• McCoubrey H., The Concept and Treatment of War Crimes, “Journal of Armed Conflict” no. 1 (1996), p. 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” no. 10 (2002-2003), p. 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” no. 43 (2002), p. 237-316.

As a rule a written final test (K1, K2, K3, S1, S2), exceptionally also oral examination. The final test consists of three questions – the first two scored 3 points, the last one 1 point. To pass the test 3 points are needed.

3 points = note: 3

4 points = note: 3,5

5 points = note: 4

6 points = note: 4,5

7 points = note 5

The final note will be calculated on the basis of test note and an oral presentation note.