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Course Information
Modules
The academic part of the Summer Program will be divided in two modules:
Module I: The origin and context of International Criminal Law and Substantive Crimes (5 ECTS)
Module I is designed to introduce participants to the law and institutions of international criminal law.
Week 1: Origin and context of ICL
The first part of the Module will trace the emergence, aims and features of international law. Lectures will cover the history and evolution of international criminal law, the distinction between individual criminal responsibility and state responsibility, the legal regime of international criminal courts and tribunals from Nuremberg to The Hague and the main sources of international criminal law.
Week 2: Substantive crimes
In the second part, we will study the content and structure of main substantive crimes (genocide, crimes against humanity, war crimes and aggression), based on existing litigation and practice. Particular emphasis will be placed on the jurisprudence and case-law of the ICC, ICTY, SCSL, ECCC and the outcome of the ICC Review Conference.
Module II: General principles and enforcement of international criminal law (5 ECTS)
Module II introduces participants to theories of liability, core principles of international criminal procedure and enforcement.
Week 3: General principles of ICL
The module will examine general principles of criminal proceedings and individual criminal responsibility. Lectures will focus on the foundations of international criminal law proceedings, including modes of liability (e.g., principal and accessorial liability, joint criminal enterprise, superior responsibility), the role of the Prosecution, basic rights of the defendant and the role of victims. Examples will be drawn from major international cases.
Week 4: Enforcement
The second part of Module II will deal with enforcement. It covers main features jurisdiction, complementarity, domestic implementation of crimes and impediments to enforcement (immunity, amnesties). Particular attention will be placed on legal contemporary developments.
Please not that due to administrative reasons it is not possible to choose a single module. Students need to enroll for both modules.
Modes of assessment
In order to earn the credits for each Module, students need to attend classes and pass the examinations.
Assessment Module I: Paper-based
Students need to submit an independently researched paper (7.000 words) on a topic related to the theme of the Module. The paper will be evaluated and graded by Leiden University academics.
Assessment Module II: Litigation-based
Module II contains two practical components: the cross-examination exercise and the Moot Court. Participation in both exercises is compulsory. For the Moot Court, each team needs to hand in a written memorial which will be graded. The presentations of the oral arguments will be observed and graded by a Jury which will be composed of Leiden University academics and practitioners from the international courts and tribunals in The Hague.
Course Materials
Participants will receive an annotated syllabus with suggested reading. It is highly recommended that participants study a textbook on international criminal law (e.g., A. Cassese, International Criminal Law, 2nd ed., OUP, 2008 or R. Cryer et al, An introduction to international criminal law and procedure”, CUP, 2007) prior to the start of the program. Upon arrival in The Hague, participants will receive a binder with background articles for the lectures and cases for the practical exercises, and a Collection of Sources of the International Courts and Tribunals. Some of the materials will be available digitally prior to the beginning of the program.
Course Language
The majority of the classes will be taught in English. Part of the classes will be taken jointly with the participants of the Bilingual Summer School 2010. A few of these classes will be taught in French. However, students do not need to have knowledge of the French language since simultaneous translation by professional legal interpreters will be provided. Knowledge of the Dutch language is not necessary either.
Credits
Students can earn 5 ECTS for each Module. Students who wish to transfer credits should inquire about the possibilities with their law school.
Draft program
Please check the draft program for details.
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