International Criminal Law and Its Enforcement

The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past two decades, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. In addition, new hybrid models and multilateral investigative institutions are in operation, attesting to the creativity of justice advocates. Meanwhile, national courts are increasingly exercising expanded forms of criminal jurisdiction over international and transnational crimes. The International Criminal Court (ICC) sits at the apex of this system, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria -- among others -- go unanswered. This course will introduce students to the law, institutions, and actors that constitute the system of international justice and to the political environment in which this system is situated. Readings will map the once and future international criminal law institutions, offer an elemental analysis of international crimes and forms of responsibility as they have evolved in international law, and focus on the challenges of pursuing criminal prosecutions for international crimes. Jurisprudence from the various international and domestic tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will also engage new and perennial debates about the suitability of using criminal justice mechanisms to respond to mass atrocity situations and consider alternatives from the domain of transitional justice. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, criminal law, and public international law. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used grading: Attendance, Class Participation, Written Assignments; Exam or Final Paper. Cross-listed with Human Rights (HUMRTS 116) and International Policy (INTLPOL 354).