LAWS451­16A (HAM)
International Criminal Law
20 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Neil Boister
Phone ext: 7724
Room: LAW.G.68
Office Hours: To be advised
Email: [email protected]
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LAWS451­16A (HAM)
International Criminal Law
20 Points
PAPER DESCRIPTION
International criminal law introduces students to the development of the basic concepts and institutions of international criminal law, the
legal nature and elements of international crimes and the general principles of international criminal law, and to the rules of international
criminal procedure and evidence.
PAPER STRUCTURE
International criminal law is taught through two weekly seminars. Students will be guided in respect of reading for each seminar.
Arrangements have been made for some guest lectures by former international criminal law practitioners.
TIMETABLE
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers.
Attendance is therefore required for satisfactory completion of the paper.
LECTURES
Name
Time
Room
Lecture 1
Tue, 1:00 PM ­ 3:00 PM
LAW.G.04
Lecture 2
Fri, 1:00 PM ­ 3:00 PM
I.G.09
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
demonstrate a working knowledge of the basic concepts and institutions of international criminal law;
demonstrate an understanding of the elements of international crimes and general principles of international criminal law;
demonstrate an understanding of the elements of international criminal procedure.
ASSESSMENT
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
Faculty of Law Undergraduate Handbook @ p.51 which is available from http://www.waikato.ac.nz/law/undergraduate. See also page 66
on plagiarism. Also refer to paragraph 12 in this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Due Date
Time
Percentage
of internal
mark
1. Assignment 1
15 Apr 2016
12:00 PM
50
2. Assignment 2
13 Jun 2016
12:00 PM
50
Component Description
Internal Assessment Total:
100
Submission Method
Compulsory
Online: Submit
✔
through Moodle
Online: Submit
✔
through Moodle
Failing to complete a compulsory assessment component of a paper will result in an IC grade
ASSIGNMENT 1
Each assignment will have a word limit of 3500 words.
Assignment One will consist of an essay focusing on description and analysis of the institutional developments in international criminal
law.
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International Criminal Law
20 Points
ASSIGNMENT 2
Each assignment will have a word limit of 3500 words.
Assignment Two will be an opinion based on a hypothetical problem which will examine knowledge of the substantive crimes and
procedural elements of international criminal law
HOW ACHIEVEMENT WILL BE MEASURED
Achievement in assignments will be measured in terms of understanding and knowledge acquired, as well as in terms of the fluency
and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz). See Te Piringa Faculty of Law
Undergraduate Handbook, available at http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to return
marked work to students within five weeks of submission. Unless a specified time is set down for the submission of an assignment, the
time for submission of an assignment is 12pm (noon) on the due date.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
EXTENSIONS
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to
comply with requirements as to the time deadlines for internal assessment without having successfully applied either for an extension
or special consideration with supporting evidence before the due date will result in deduction of 2.5 marks for each day or part thereof
that the work is late. Lateness of more than a week may result in the work not being marked. No deadlines may be extended beyond
two weeks after the last teaching day of the semester(s) in which the paper is taught as final grades must go to the Board of Examiners
at this time. Unless an extension in writing has been granted, a lecturer may refuse to accept a piece of work which is submitted after
the specified date, and automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the interrvening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
SPECIAL CONSIDERATION
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the university­wide policies and procedures,
which apply concerning missed examinations, impaired performance or impaired preparation time for an examination, and missed or
impaired course work. Students are responsible for ensuring that they comply with these regulations. Application forms for special
consideration for internal assessment are available from law reception.
TOPICS
Concepts
History
The Ad Hoc Tribunals: ICTY
The Ad Hoc Tribunals: ICTR
The International Criminal Court
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International Criminal Law
20 Points
War Crimes
Crimes against Humanity
Genocide
Aggression
Practice of International Criminal Law (Guest Lecture)
Guest Lectures by former practitioners of international criminal law.
General Part: actus reus and mens rea
General Part: complicity/command responsibility
General Part: defences
Procedure and Evidence
Prospects
SCHEDULE
Week
Paper
1
University
9
Week
Beginning
Mon 29 Feb
Topics
Additional Information
Concepts
History
2
10
Mon 7 Mar
The Ad Hoc Tribunals: ICTY
3
11
Mon 14 Mar
The Ad Hoc Tribunals: ICTR
4
12
Mon 21 Mar
The International Criminal Court
5
13
Mon 28 Mar
The International Criminal Court
6
14
Mon 4 Apr
War Crimes
7
15
Mon 11 Apr
Crimes against Humanity
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
Genocide
11
19
Mon 9 May
Aggression
12
20
Mon 16 May
Practice of International Criminal
Law (Guest Lecture)
13
21
Mon 23 May
General Part: actus reus and mens
rea
General Part: complicity/command
responsibility
14
22
Mon 30 May
General Part: defences
15
23
Mon 6 Jun
Procedure and Evidence
Prospects
16
24
Mon 13 Jun
Study Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Exam Week
Schedule can be subject to change.
REQUIRED AND RECOMMENDED READINGS
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International Criminal Law
20 Points
REQUIRED READINGS
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide,
2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $21.85 incl GST.
There is no course materials book(s) for this paper.
RECOMMENDED READINGS
Highly Recommended
Robert Cryer et al, An Introduction to International Criminal Law and Procedure, third edition, Cambridge: Cambridge University
Press, 2014 (this is being released 31 July 2014 – don’t buy the older version)
Recommended
Antonio Cassese et al, International Criminal Law 3rd edn Oxford: OUP, 2013
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning
system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary
licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use
(access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the
paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or
provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re­disseminated in any manner or form without the prior written consent of University
of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.
ONLINE SUPPORT
Online support for this paper is provided via Moodle.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help
Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can
email them directly at [email protected] or call 838 4008.
WORKLOAD
Students should expect to spend 200 hours in total on this paper. In addition to lecture attendance, significant time will need to be
spent on background and complementary reading. Students should allow for periods of more­focused research time in the preparation of
assignments.
LINKAGES TO OTHER PAPERS
PREREQUISITE(S)
LAWS301
PAPER APPRAISAL
This paper was not offered or appraised in 2015. However, responding to earlier input I have included a session by a practitioner who
has worked in an international criminal tribunal. I have slightly shortened the length of time for the first essay and lengthened it for the
second essay because the second essay tends to clash with tests in other subjects.
ADDITIONAL INFORMATION
No electronic devices are allowed in any internal test or exams.
If you wish to submit your Internal Assessment in Mãori, you need to obtain an application form from the Law Reception at least 14
days before the assessment is due.
If you wish to apply to write your official exams in Mãori, you need to complete the official application form from the University’s
Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
REFERENCE TO UNIVERSITY REGULATIONS
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International Criminal Law
20 Points
Your attention is drawn to the following regulations and policies, which are published in the University Calendar:
Assessment Regulations 2014 (http://calendar.waikato.ac.nz/assessment/assessment.html)
Change of Enrolment Regulations 2012 (http://calendar.waikato.ac.nz/admission/changeofenrolment.html)
Computer Systems Regulations 2005 (http://calendar.waikato.ac.nz/policies/computersystems.html)
Policy on the Use of Māori for Assessment (http://calendar.waikato.ac.nz/assessment/useofmaori.html)
Ethical Conduct in Human Research and Related Activities Regulations 2008
(http://calendar.waikato.ac.nz/assessment/ethicalConduct.html)
Student Research Regulations 2008 (http://calendar.waikato.ac.nz/assessment/studentresearch.html)
REFERENCING GUIDELINES AND CAUTION AGAINST PLAGIARISM
Plagiarism means presenting as one’s own work the work of another, and includes the copying or paraphrasing of another person’s
work in an assessment item without acknowledging it as the other person’s work through full and accurate referencing; it applies to
assessment (as defined in the Assessment Regulations presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium. The Student Discipline Regulations are found in the online Calendar and further information at the
S t u d e n t D i s c i p l i n e W e b s i t e . T h e Library (http://www.waikato.ac.nz/library/) a n d S t u d e n t L e a r n i n g
(http://www.waikato.ac.nz/students/student­learning/) are valuable resources to assist you with your studies at the University.
HEALTH AND SAFETY
In the event of the continuous sounding of sirens or ringing of alarms, all occupants of the building must evacuate in an orderly and
timely manner by the nearest exit to an area away from the building and clear of the roadway. They should not attempt to carry
cumbersome equipment and personal belongings. The building cannot be re­entered until the all clear is signalled by the Fire Service or
Building Warden. Lifts must not be used during an evacuation.
Sitting at your computer for long periods has the potential to impact on your physical wellbeing. Careful attention should be paid to
seating and the height of your desk so that your feet are able to sit flat on the floor and your elbows, hips and knees are at right angles.
It is suggested that regular breaks are taken and activities are alternated to avoid staying in one position for too long.
If you hear a siren from the emergency blue boxes placed around campus, listen and follow the instructions carefully.
CLASS REPRESENTATION
The University’s Class Rep Administrator can be contacted on 837 9312 or email address: [email protected]. Further
information can be found at the Class Rep Website (https://sites.google.com/a/waikato.ac.nz/class­reps/).
COMPLAINTS PROCEDURES
The Student Complaints Procedures Website (http://calendar.waikato.ac.nz/policies/studentcomplaints.html) provides details of the
University’s process for handling concerns and complaints.
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