International criminal law

LWM30

International criminal law is a challenging but fascinating subject, and (sadly) likely to remain very relevant for the foreseeable future. What sort of conduct is regarded as so utterly unacceptable that it is a crime under international law? How is international criminal law created? And how can individuals be held to account for international crimes? This course will help you explore the answers to these questions – answers which, as you will see, are seldom clearcut. It will not turn you into an expert in international criminal law – that would take many years of study and practice – but it does aim to give you a solid basis on which to build, including knowledge and understanding of key institutions and processes of international law as well as the substantive law itself. If you study the course attentively, you will become familiar with both the most important primary sources of the law and leading scholarly commentaries on it. You will gain an awareness of many tensions, problems, controversies and ambiguities in the law, and you will develop critical and research skills that will help you monitor and assess further developments.

Study as an individual course

Students are advised that the subject demands some previous knowledge of public international law.

Module A: General context and international crimes before national courts

LWM30A

International law principles of State jurisdiction
Customary international law and treaty law
Direct criminal responsibility under international law
Treaty provisions requiring States to criminalise conduct (including terrorism and torture)
Piracy

Module B: International criminal courts and tribunals

LWM30B

Jurisdiction and structure of international criminal courts and tribunals
Co-operation with international criminal courts and tribunals
Investigations, prosecutions, evidence and procedure before international criminal courts and tribunals
Fair trial rights appeals, revision and enforcement of sentences before international criminal courts and tribunals

Module C: The core international crimes (crimes within the jurisdiction of international tribunals

LWM30C

The elements of international crimes
War crimes
Crimes against humanity
Genocide
Aggression and crimes against peace

Module D: General principles of international criminal law

LWM30D

Aut dedere aut judicare (“extradite or prosecute”) and unlawful abductions
Jurisdictional immunities
Modes of participation in crimes, and concurrence of crimes
Defences

Assessment

Each module is assessed by a 45-minute unseen written exam.

Sequence

It is strongly recommended you attempt Module A first.

How to apply

You can apply to study a module individually as a standalone unit or as part of a Postgraduate Certificate, Postgraduate Diploma or Master of Laws qualification. (In either scenario, they must be studied in order.)

These modules also contribute towards the following specialist pathways for Laws:

Criminology and Criminal Justice
Human Rights Law
International Criminal Justice
International Dispute Resolution
International Justice
Public International Law

Apply via Postgraduate Laws.

Professor Douglas Guilfoyle

Douglas was previously a Reader in Law at UCL and has worked as a judicial associate in the Australian Federal Court and the Australian Administrative Appeals Tribunal. He has practised as a commercial litigation solicitor in Sydney. Professor Guilfoyle is currently teaching at Monash University and his principle areas of research and teaching interests are the international law of the sea and transnational criminal law.