International criminal law is the regime that establishes individual criminal responsibility directly under international law. In so doing, it underpins both the exercise of universal jurisdiction by domestic courts and the criminal jurisdiction of international courts (most prominently, but not exclusively, the International Criminal Court). At a minimum, it covers aggression, war crimes, crimes against humanity, and genocide. Other crimes, such as ecocide, are also sometimes included. This course (i) asks foundational questions about the nature of international criminal law, (ii) considers domestic and international jurisdictional authority on these issues, (iii) wrestles with debates about the scope and limits of the substantive crimes themselves, (iv) explores and evaluates the scope of individual responsibility for these crimes, and (v) considers legal and political obstacles to the realization of international criminal justice. In addition to developing students' understanding of the specific regime of international criminal law, this course will offer an opportunity to reflect critically on that regime, while advancing skills in legal interpretation, analysis, and argument, particularly in relation to international law. Students have the option to write a research paper in lieu of the final exam with consent of instructor. After the term begins, students enrolled in the course can transfer from section LAW 01 (exam) into section LAW 02 (research paper), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; final exam or final research paper.
3 units · Law Honors/Pass/Restrd Cr/Fail
International criminal law is the regime that establishes individual criminal responsibility directly under international law. In so doing, it underpins both the exercise of universal jurisdiction by domestic courts and the criminal jurisdiction of international courts (most prominently, but not exclusively, the International Criminal Court). At a minimum, it covers aggression, war crimes, crimes against humanity, and genocide. Other crimes, such as ecocide, are also sometimes included. This course (i) asks foundational questions about the nature of international criminal law, (ii) considers domestic and international jurisdictional authority on these issues, (iii) wrestles with debates about the scope and limits of the substantive crimes themselves, (iv) explores and evaluates the scope of individual responsibility for these crimes, and (v) considers legal and political obstacles to the realization of international criminal justice. In addition to developing students' understanding of the specific regime of international criminal law, this course will offer an opportunity to reflect critically on that regime, while advancing skills in legal interpretation, analysis, and argument, particularly in relation to international law. Students have the option to write a research paper in lieu of the final exam with consent of instructor. After the term begins, students enrolled in the course can transfer from section 01 (exam) into section 02 (research paper), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation; final exam or final research paper.