Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	79168
ECTS:	4.0
Course coordinators:	prof. dr. sc. Maja Munivrana prof. dr. sc. Ksenija Turković

Literature:

Ronald Slye, Ronald C. Slye, Beth Van Schaack; International Criminal Law; Aspen Publishers (2009), str. [object Object] William A. Schabas; An Introduction to the International Criminal Court; Cambridge University Press (2011), str. [object Object]

Optional literature:

Robert Cryer, Hakan Friman, Darryl Robinson; An Introduction to International Criminal Law and Procedure; Cambridge University Press (2010), str. [object Object]

Description:

Within this course students will be introduced to the notion and main features of international criminal law, its historical development and modern tendencies. The emphasis will be on the law and practice of international ad hoc tribunals and, in particular, of the permanent International Criminal Court. We will discuss the sources of ICL, international crimes, modes of individual criminal liability, proceedings before the ICC, victims' participation and protection, purpose and future of ICL. Given the dynamic development of this branch of law, the basic textbook will be enriched with excerpts from relevant judgments and decisions of international criminal courts and recent scientific articles. Students are expected to attend classes regularly and to read the literature designated for each class so that they can actively participate in class.

Cognitive Skills:

KNOWLEDGE AND UNDERSTANDING

After successfully mastering the course students will be able to:

• comprehend and explain the notion of international criminal law, its sources, basic elements and problems associated with their application
• recognize the influence of international criminal law on development of national criminal justice systems and vice versa, the influence of national criminal justice systems on development and interpretation of international criminal law
• critically evaluate and recognize internal tensions inherent to international criminal law, such as those relating to the principle of legality, vague goals, etc.;
• define international crimes and recognize basic notions of general part (complicity, forms of mens rea, etc.) and stages of criminal proceedings before the international criminal courts,
• explain the existing mechanisms through which international criminal law is applied
• identify different international criminal courts and extract specificities of procedure before those courts

APPLICATION

After successfully mastering the course students will be able to:

• interpret the notions of international criminal law in line with the rules of interpretation in international and criminal law as well as in the Rome statute
• demonstrate correlation and connection of legal norms belonging to general and special part of international criminal law, and illustrate connecting point of national laws with the rules of international criminal law
• apply acquired knowledge in the field of international criminal law in practice;
• use and correctly interpret national legislation implementing international criminal law.

 

ANALYSIS

After successfully mastering the course students will be able to:

• analyze the relations between the judicature of different international criminal courts and case law of national courts,
• examine the compatibility of national criminal legislation with the demands of international criminal law, in particular when it comes to issues of (procedural) cooperation with international criminal courts
• compare Croatian criminal legislation (international crimes and modes of responsibility) with crimes and modes of responsibility according to the Rome Statute
• differentiate different mechanisms of victim protection at international and national level
• examine the influence of the case law of the European Court of Human Rights and other regional and international bodies on the case law of international criminal courts and the level of protection of basic rights of defendants before the international criminal courts
• single dysfunctional norms of international criminal law and question the causes and consequence of such norms

 

SYNTHESIS

After successfully mastering the course students will be able to:

• propose necessary amendments of rules of international criminal law and their interpretation;
• create proposals on necessary amendments of national legislations in order to harmonize them with the basic elements of international criminal law and establish more efficient cooperation where appropriate;
• prepare basis for competent analysis of basic notions of international criminal law;
• formulate advantages and disadvantages of existing mechanisms of prosecution of perpetrators of international crimes and propose solutions to improve those systems;
• build a methodological system to produce written assignments in the field of international criminal law;
• design the drafting protocol of written and oral presentations, formulate appropriate hypotheses or research questions and structure written and oral presentation concepts with literature templates.

 

EVALUATION

After successfully mastering the course students will be able to:

• reexamine legislative techniques at the international level;
• asses the quality, sustainability and applicability of implementing national legislation;
• compare different methodological approaches taken by different international criminal courts as well as the differences between various national criminal justice systems and international courts in application and interpretation of international criminal law
• select further areas of research in the field of international criminal law
• evaluate the role of international criminal courts in prosecution of perpetrators of most serious criminal offences and development of national criminal justice systems

Practical and Generic Skills:

After successfully mastering the course students will be able to:

• publicly present the acquired knowledge;
• conduct independent research of case law of international criminal courts;
• express themselves in legally precise and clear manner with an appropriate level of argumentation of their own thesis;
• participate in team work as well as conduct independent research and follow the development of international criminal law;
• get involved in the activities of NGOs for overseeing trials, protecting the rights of victims, etc,
• do an internship at one of the international or hybrid criminal courts

Matching Assessments to Learning Outcomes:

1. An essay exam question to verify the outcomes of learning - knowledge and understanding;
2. Problem tasks (hypothetical cases) to verify the learning outcomes - application of acquired knowledge to specific cases;
3. Preparation of written student papers to check the learning outcomes - synthesis and evaluation;
4. Preparation of presentation of their own research;
5. Assessment will be carried out continuously during class. Preformed activities obtained during the semester will be taken into account in the formulation of the final assessment. Evaluation criteria are all learning outcomes - demonstrated knowledge and understanding of international criminal law, the ability to apply the rules to the hypothetical and real cases, the ability to analyze and synthesize knowledge acquired during classes, to give oral presentations of own research and take part in discussions.

Consultations schedule: