2. Overview:
• The course introduction to international criminal law by case
western reserve university school of law consists of 8 modules
• Taught by professor Michael Scharf.
3. Module-1:Introduction
• A primer on international law
• From Nuremberg to Hague
sources
Treaty Custom
General
muncipal
practice
of states
Jus
cogens
4. Module- 2: Peace versus justice
• Case of Togoland.
• An Essay on Trading Justice for Peace
• Crimes Against Humanity
Crimes Defined in
International Conventions
The 1949 Geneva
Conventions
The Genocide Convention
The Torture Convention
General Human Rights Conventions
5. Module-3: Terrorism and Piracy
• General definition:
Terrorism is an act intended to cause death or serious bodily injury to any
person; or serious damage to a State or government facility, a public transportation system,
communication system or infrastructure facility nature or context, is to intimidate a
population, or to compel a Government or an international organization to do or abstain from
doing an act.
• Piracy
6. Module-4: Unique Modes of Liability
• Command responsibility.
-THE PROSECUTOR v. ALFRED MUSEMA
• Joint Criminal Enterprise Liability.
#Grotian moment
Such a moment is said to occur when there is a transformative development in
which new rules and doctrines of customary international law emerge with
unusual rapidity and acceptance.
• Liabilities -
1. liability in a JCE is distinguishable from the crime of membership in a criminal organization.
2. The underpinning of the JCE liability is to be found in considerations of public policy.
3. Incidental criminal liability
4. Foresseability
7. Module-5:Specialized Defenses
• The Defense of Superior Orders
- Dover’s case
• The Defense of Duress
- Yugoslavia Tribunal’s Erdomovic Case
• Other Defenses recognized in the Statute of the International
Criminal Court
• Head of State Immunity
8. Module-6: Gaining Custody of the Accused
• Part I. Luring
• Part II. The Case Study of Osama Bin Laden
- Abduction
- torture issue: Torture is universally regarded as a
violation of international law. No government openly asserts that
torture is lawful.
-Extradition
9. Module-7: Pre-Trial Issues
• Self-Representation –
• Plea Bargaining- Pros and Cons
• Exclusion of Torture Evidence
A. Likelihood that the Defendant Will Act in a Disruptive Manner
B. The Complexity of the Case and the Need for an Orderly Trial
10. Module-8: Maintaining Control of the Courtroom
• The need for orderly justice in war crimes trials
• Remedies for disruption
Limiting self-
representation
Standby public
defenders
Expulsion and
other sanctions
Responding to
Contumacious
counsel