International Criminal Justice, Second Cycle, 15 credits

Aims and objectives

General aims for second cycle education

Second-cycle courses and study programmes shall involve the acquisition of specialist knowledge, competence and skills in relation to first-cycle courses and study programmes, and in addition to the requirements for first-cycle courses and study programmes shall

• further develop the ability of students to integrate and make autonomous use of their knowledge
• develop the students' ability to deal with complex phenomena, issues and situations, and
• develop the students' potential for professional activities that demand considerable autonomy, or for research and development work.

(Higher Education Act, Chapter 1, Section 9)

Course objectives

Knowledge and comprehension
At the end of the course the student should be able to demonstrate a thorough account of in-depth knowledge and understanding of international criminal law, especially regarding concepts, international crimes, mechanisms and alternatives to prosecution.

Ability and capacity
At the end of the course the student should be able to apply, distinguish and interpret legal norms within the course's various subject areas, independently and at an advanced level. Furthermore, systematically, critically and independently identify, formulate and analyze with methodical certainty, in writing and orally, issues and conclusions related to the subject area.

Valuation and perspective
After completing the course, the student should be able to independently reflect on the international criminal justice system. In addition, the student should have a deeper understanding of the importance of the area of law in society and the ability to take into account and reflect on scientific extrajudicial and social factors that have contributed to the formation of the legal norms dealt with in the course.

Main content of the course

The course introduces international criminal law through the development of international criminal law, important concepts, genocide, war crimes, crimes against humanity, the crime of aggression, universal jurisdiction, individual international criminal liability. The course also deals with the international criminal justice system, its nature, origin and the International Criminal Court (ICC). International case law, international criminal prosecutions, rules re. crime victims are analysed, child soldiers are reflected upon and the value of alternative responses such as truth commissions, amnesties are discussed.

Teaching methods

The course is given in English. Distance course. The teaching is based on case-oriented tasks aimed at stimulating students' own knowledge seeking, critical reflection, analytical ability and skills development.

The course is conducted with some comprehensive lectures, some scheduled and several unscheduled group work online as well as oral online seminars. The course requires a high degree of self-study.

Students who have been admitted to and registered on a course have the right to receive tuition and/or supervision for the duration of the time period specified for the particular course to which they were accepted (see, the university's admission regulations (in Swedish)). After that, the right to receive tuition and/or supervision expires.

Examination methods

Compulsory Seminar 1, 3 credits (Code: A001)
Individually composed short essay and oral opposition of a paper at an online seminar. Can give 15 points. For grade G 50% of the total points is required.

Compulsory Seminar 2, 2 credits (Code: A002)
Group work (online) with individual, written hand-in. Can give 15 points. For grade G 50% of the total points is required.

Compulsory Seminar 3, 3 credits (Code: A003)
Group work (online) with individual, written hand-in, and peer review. Can give 20 points. For grade G 50% of the total points is required.

Compulsory Seminar 4, 3 credits (Code: A004)
Group work (online) with written hand-in; peer review. Can give 20 points. For grade G 50% of the total points is required.

Compulsory Seminar 5, 4 credits (Code: A005)
Individually composed short essay (PM) oral opposition at a seminar online. Can give 30 points. For grade G 50% of the total points is required.

For students with a documented disability, the university may approve applications for adapted or other forms of examinations.

For further information, see the university's local examination regulations (in Swedish).

Grades

According to the Higher Education Ordinance, Chapter 6, Section 18, a grade is to be awarded on the completion of a course, unless otherwise prescribed by the university. The university may prescribe which grading system shall apply. The grade is to be determined by a teacher specifically appointed by the university (an examiner).

According to regulations on grading systems for first- and second-cycle education (vice-chancellor's decision 2019-01-15, ORU 2019/00107), one of the following grades is to be used: fail, pass, or pass with distinction. The vice-chancellor or a person appointed by the vice-chancellor may decide on exceptions from this provision for a specific course, if there are special reasons.

Grades used on course are Fail (U), Pass (G) or Pass with Distinction (VG).

Compulsory Seminar 1
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 2
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 3
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 4
Grades used are Fail (U) or Pass (G).

Compulsory Seminar 5
Grades used are Fail (U) or Pass (G).

For further information, see the university's local examination regulations (in Swedish).

Comments on grades

Grades used for the course are Fail (U), Pass (G) or Pass with distinction (VG).
Max. points for the course are 100 points. Each seminar is compulsory and demands participation. To gain grade G, 50 points are required. For grade VG, 75 points are required.

Specific entry requirements

180 credits at the first level out of which 90 credits with increasing depth within law, including an essay (G2E) of 15 credits.
Additional requirements: English Course 6/English Course B.

For further information, see the university's admission regulations (in Swedish).

Transfer of credits for previous studies

Students who have previously completed higher education or other activities are, in accordance with the Higher Education Ordinance, entitled to have these credited towards the current programme, providing that the previous studies or activities meet certain criteria.

For further information, see the university's local credit transfer regulations (in Swedish).

Other provisions

This course is taught in English. It is a web-based course, mainly conducted online but with one compulsory physical meeting, towards the end of the course.
The course is problem-based, whereby the teaching is based on case-oriented assignments with the purpose of stimulating students own knowledgebased search, critical reflection, analytical ability and capacity development.
The course is conducted with the help of a few lectures, online meetings and seminars. Compulsory attendance applies to all grade-based assignments, and at any additional moment as ascribed in the course schedule.

The right to supplement written information:
Anyone who, on a written assignment, has not achieved approved results but who can be assessed to achieve approved results through a limited effort, has the right to supplement his or her assignment for obtaining an approved grade. The supplement must be submitted in accordance with the examiner's instructions within three weeks from the time when notification is given that an approved grade has not been achieved.

Transitional provisions

For a course that has been cancelled or significantly changed in content or scope, there may be examinations on three
occasions within 12 to 18 months after the changes have been made.

Reading list and other teaching materials

Required Reading

Koskenniemi Martti & Leino Päivi (2002)
Fragmentation of International Law? Postmodern Anxieties
15 Leiden Journal of International Law, p.553-579
http://www.repositoriocdpd.net:8080/bitstream/handle/123456789/588/Art_KoskenniemM_FragmentationInternationalLaw_2002.pdf?sequence=1

Maystre, Magali (2014)
The Interaction between International Refugee Law and International Criminal Law with respect to Child Soldiers.
Journal of International Criminal Justice, Dec 2014, Vol. 12 Issue 5, p.975-996.

Mégret, Frédéric (2016)
International Criminal Justice as a Juridical Field
Dossier : La justice pénale internationale en tant que projet critique, Vol. XIII 2016 : Justice pénale internationale / Sexualité et institutions pénales

Mégret, Frédéric (2015)
What Sort of Global Justice is 'International Criminal Justice'?
Journal of International Criminal Justice, Vol.1, p.1-20.

Nicholson, Joanna (2017)
Fighting and Victimhood in International Criminal Law
Taylor & Francis Ltd, Routledge e-book

Werle, Gerhard, Jeßberger, Florian (2014)
Principles of International Criminal Law
Oxford : Oxford University Press, e-book

Additional Reading

Convention on the Rights of the Child

Rome Statute of the International Criminal Court

Nouwen, S. MH and Werner, W. G. (2010)
'Doing Justice to the Political: The International Criminal Court in Uganda and Sudan'
21 EJIL pp.941

Oosterveld, Valerie (2010)
Special Court for Sierra Leone-international criminal law-attacking personnel involved in a peacekeeping mission-recruitment and use of child soldiers-sexual slavery-forced marriage
The American Journal of International Law, Jan 2010, Vol.104(1), p.73-81

Additions and Comments on the Reading List

Additional articles and case law of approx. 600 pages may be added at the beginning of the course on Blackboard