Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

While students will be briefed in the fundamentals of substantive criminal law (the 'core crimes' of genocide - crimes against humanity and war crimes - and international criminal responsibility), the unit will focus on the complex procedural architecture of international criminal law and how these rules are applied by international criminal tribunals and their relevance to domestic prosecutions of international crimes. This practical aspect of the unit will be accentuated by one of the assessment tasks, which will simulated a court exercise requiring students apply their knowledge to a specific case scenario.

Objectives

1. To understand the sources of international criminal law and how to identify and apply them in context.
2. To understand the international criminal law framework, the key international criminal courts and the practice of international criminal law in international and domestic jurisdictions.
3. To develop a detailed knowledge of international criminal procedural law, including the rules of procedure and evidence of different institutions that govern international criminal law and the broader procedural architecture of direct relevance to defence and prosecution lawyers appearing before international and domestic courts in relation to international crimes.
4. To develop a deep understanding of how international criminal law is applied in practice.
5. To apply an appropriate level of legal research and reasoning skills to the resolution of practical and theoretical issues in international criminal law.

Assessment

Take-home exam (3,750 words): 50%
Practical exercise requiring preparation and application of knowledge to a realistic case scenario - written paper (3,000 words): 40%
In-class presentation: 10%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)