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2021/2022

International Human Rights Protection 

Code: 104480 ECTS Credits: 6
Degree Type Year Semester
2503778 International Relations OT 4 0
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Claudia Cristina Jiménez Cortés
Email:
Claudia.Jimenez@uab.cat

Use of Languages

Principal working language:
english (eng)
Some groups entirely in English:
Yes
Some groups entirely in Catalan:
No
Some groups entirely in Spanish:
No

Other comments on languages

The course will be developed entirely in English

Teachers

Claudia Cristina Jiménez Cortés
Sebastian Andres Preller Borquez

Prerequisites

VERY IMPORTANT !!!!

 

1) A high level of english is required to be able to follow the classes which will be entirely in english. It will be also necessary a certain level of spanish to be able to interact in group work with other students  

 

2) ALL written paper or exercise submitted must include the sources from where the information was extracted (bibliography and references). Non-inclusion will lower the grade

Objectives and Contextualisation

The course aims to provide the student with a vision and understanding of the central issues of international criminal law and human rights, as well as the scope and content of the legal responses available in international law to the atrocities that may be committed. Concepts such as war crimes, crimes against humanity, genocide and human rights violations will be studied. The course will offer a broad and in-depth knowledge of relevant topics, as well as the development of academic skills through crime analysis, responses, and victim care both in theory and in recent practice

 

Competences

  • Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values.
  • Analyse international society and its structure and understand its importance for real-life problems and professional practice.
  • Analyse the behaviour of international actors, both state and non-state.
  • Analyse the production and implementation of public policies related to the international sphere, in particular foreign policy and security and defence policy.
  • Analyse, establish and argue the legal rules applicable to international phenomena.
  • Apply knowledge of the structure and operation of international institutions to problems and/or practical cases, either real or simulated.
  • Apply quantitative and qualitative analysis techniques in research processes.
  • Identify data sources and carry out rigorous bibliographical and documentary searches.
  • Identify the main theories of international relations and their different fields (international theory, conflicts and security, international politics, etc.) to apply them in professional practice.
  • Make changes to methods and processes in the area of knowledge in order to provide innovative responses to society's needs and demands.
  • Produce and prepare the presentation of intervention reports and/or proposals.
  • Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
  • Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
  • Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
  • Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
  • Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
  • Take account of social, economic and environmental impacts when operating within one's own area of knowledge.
  • Take sex- or gender-based inequalities into consideration when operating within one's own area of knowledge.
  • Use metatheoretical data to argue and establish plausible relation of causality and establish ways of validating or rejecting them.

Learning Outcomes

  1. Analyse and explain the international agenda management in areas of human rights, environment and cooperation for development and humanitarian aid, and the role of the different actors in it.
  2. Analyse and explain the role of different actors in the implementation of actions and public policies in areas of human rights, environment and cooperation for development and humanitarian aid.
  3. Analyse how the operational rules of international society apply to topics related to human rights, environment and cooperation for development and humanitarian aid.
  4. Analyse the indicators of sustainability of academic and professional activities in the areas of knowledge, integrating social, economic and environmental dimensions.
  5. Analyse the operation of the main international institutions in areas related to human rights, environment and cooperation for development and humanitarian aid and the application of the respective regimes and regulations.
  6. Analyse the sex- or gender-based inequalities and the gender biases present in one's own area of knowledge.
  7. Apply quantitative and qualitative analysis techniques in research processes.
  8. Apply the bases of international theories and their different focuses to problems related to human rights, cooperation for development, humanitarian aid and international policies for the environment.
  9. Communicate using language that is not sexist or discriminatory.
  10. Consider how gender stereotypes and roles impinge on the exercise of the profession.
  11. Critically analyse the principles, values and procedures that govern the exercise of the profession.
  12. Evaluate the impact of topics related to human rights, environment, cooperation for development and humanitarian aid in foreign policies and public policies of the main states.
  13. Evaluate the impact on the policies and actions of the main states and international actors of the main treaties and legal rulings, of different types, which regulate areas of human rights, environment, cooperation for development and humanitarian aid.
  14. Explain the explicit or implicit code of practice of one's own area of knowledge.
  15. Identify data sources and carry out rigorous bibliographical and documentary searches.
  16. Identify the principal forms of sex- or gender-based inequality and discrimination present in society.
  17. Identify the social, economic and environmental implications of academic and professional activities within the area of your own knowledge.
  18. Produce and prepare the presentation of intervention reports and/or proposals.
  19. Propose new experience-based methods or alternative solutions.
  20. Propose new ways to measure success or failure when implementing ground-breaking proposals or ideas.
  21. Propose projects and actions in accordance with the principles of ethical responsibility and respect for fundamental rights, diversity and democratic values.
  22. Propose projects and actions that incorporate the gender perspective.
  23. Propose viable projects and actions that promote social, economic and environmental benefits.
  24. Propose ways to evaluate projects and actions for improving sustainability.
  25. Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
  26. Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
  27. Students must be capable of communicating information, ideas, problems and solutions to both specialised and non-specialised audiences.
  28. Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
  29. Students must have and understand knowledge of an area of study built on the basis of general secondary education, and while it relies on some advanced textbooks it also includes some aspects coming from the forefront of its field of study.
  30. Use analytical tools for international regimes for problems such as human rights, environment and cooperation for development and humanitarian aid.
  31. Use metatheoretical data to argue and establish plausible relation of causality and establish ways of validating or rejecting them.
  32. Weigh up the impact of any long- or short-term difficulty, harm or discrimination that could be caused to certain persons or groups by the actions or projects.
  33. Weigh up the risks and opportunities of one's own ideas for improvement and proposals made by others.

Content

NOTE: the compulsory readings to prepare the sessions, as well as the topics and / or questions will be announced at the virtual campus (moodle). All documentation will be in English.

 

HUMAN RIGHTS and INTERNATIONAL CRIMES

2021-22

 

   

PART I: GENERAL FRAMEWORK

 

Topic 1 (introductory): The international system and its characteristics

• Some misunderstandings about international law and international society

• The main international players

• Individuals. From object to subject in the international system

 

Reading TOPIC 1:

-         Andrea Bianchi, “State Responsibility and Criminal Responsibility of Individuals” in A. Cassese (ed.), The Oxford Companion to International Criminal Justice, Oxford University Press, 2009, pp. 16-24

 

Preparatory reading TOPIC 2:

-         Van Schaack, B & Slye, R. "A Concise history of international criminal law." Santa Clara Law Digital Commons, 2007. https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1629&context=facpubs

-         Cryer, Robert, “ESIL-International Human Rights Law Symposium: International Criminal Law and International Human Rights Law”, February 5, 2016. https://www.ejiltalk.org/esil-international-human-rights-law-symposium- international-criminal-law-and-international-human-rights-law /

-         ICRC, International humanitarian Law. Answers to your questions, https://www.icrc.org/en/doc/assets/files/other/icrc_002_0703.pdf

 

Jurisprudence: 

-         ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004

 

Topic 2: International regimes of human rights and international criminal law + their relationship with IHL and IPL

• The ius in bello and ius ad bellum until the world wars

• The transformation of the international legal system after the 2nd GM:

a) From ius in bello to current International Humanitarian Law (IHL)

b) The beginning of International Criminal Law (IPR) and International Human Rights Law (IHLR): Rights and obligations of individuals in the international sphere.

• Distinction and coexistence between regimes:

a) international protection of human rights

b) international humanitarian law

c) international criminal law

d) international criminal cooperation

 

 

Preparatory reading TOPIC 3:

-         Resolution AGNU 60/146 of December 16, 2005 "Basic Principles and Guidelines on the right to a remedy and reparation for victims of gross violations of IHRL and serious violations of IHL"

 

Jurisprudence:

-         Comparative study of ACHR; ECHR; ACHPR cases; committee reports

 

 

Topic 3: Victims of international crimes and / or serious human rights violations

• Differences and similarities between victims of human rights violations and international crimes.

• Reparation in the international human rights system: definition, principles and evolution.

• The role of reparation in Transitional Justice

 

Preparatory reading TOPIC 4:

-         Genocide convention (1948) + article 6 of the ICC + Elements of the Crime

-         William A. Schabas, “Judicial Activism and the Crime of Genocide” in Darcy and Powderly (ed.), Judicial Creativity at the International Criminal Tribunals, Oxford University Press, 2010, pp. 63-79.

-         Commentary and cases on genocide in A. Cassese, G. Acquaviva, M. Fan, and A. Whiting (ed.), International Criminal Law: Cases and Commentary, Oxford University Press, pp. 200-209.

 

Jurisprudence:

a)      ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar, May 2020) (Croatia-Serbia, 2015) (Bosnia and Herzegovina v. Serbia and Montenegro, July 2007)

b)      ICTY (Mladic Case) / ICTR Case Law

c)      Domestic & / or Hybrid jurisdictions

 

 

PART II: INTERNATIONAL CRIMES

 

Topic 4: Difficulties surrounding the crime of genocide

• The concept of genocide: The 1948 Convention

• The specificity of the crime of genocide

• Evolution: the role played by jurisprudential practice

 

Preparatory reading TOPIC 5:

-         Article 7 of the ICC & the elements of the Crime

-         Kress, Claus & Garibian, Sévane “Laying the Foundations for a Convention on Crimes Against Humanity: Concluding Observations” in Journal of International Criminal Justice, Volume 16, Issue 4, September 2018, Pages 909–957, https://doi.org /10.1093/jicj/mqy067

-         Robinson, D. (1999). Defining "Crimes Against Humanity" at the Rome Conference. The American Journal of International Law, 93 (1), 43-57. Recovered from https://www.jstor.org/stable/2997955?seq=1

 

Jurisprudence:

a)      ICTY: Blasic case; ICTR: Jean-Baptiste Gatete;

b)      ICC: Bemba Gombo, Katanga

c)      Domestic & / or Hybrid jurisdictions

 

 

Topic 5: The special case of crime against humanity

• The origin and nature of the crime against humanity

• The concept of crime against humanity: general characteristics and the evolution of the chapeau and its specific subtypes

• Crime against humanity in practice: the importance of jurisprudence

 

Preparatory reading TOPIC 6:

-         Article 8 of ICC + elements of the crime

-         Chapter on War Crimes in Antonio Cassese, International Criminal Law, 2nd ed., Oxford University Press, 2008, pp. 81-97

-         Harmen van der Wilt, “War Crimes and the Requirement of a Nexus with an Armed Conflict” in Journal of International Criminal Justice, Volume 10, Issue 5, December 2012, Pages 1113–1128, https://doi.org/10.1093/ jicj / mqs060

 

Jurisprudence:

a)      ICJ, Advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004 (ICJ, 136) + Advisory opinion on the Legality of the Use by state of Nuclear Weapons in armed Conflict, 1996 ( ICJ, 226)

b)      ICTY Case law; ICC case law

c)      Domestic & / or Hybrid jurisdictions

 

 

Topic 6: War crimes today

• What is and what is not a war crime?

• The importance of the concept of "armed conflict" and individual international responsibility for the determination of the crime

• The prosecution of war crimes: jurisprudential practice.

  

Preparatory reading TOPIC 7.

-         Elizabeth Wilmshurst, “Introductory note on crime of aggression” UN Legal unit, https://legal.un.org/avl/ha/da/da.html

-         Kress, Claus & von Holtzendorff, Leonie “The Kampala compromise on the crime of aggression”, Journal of International Criminal Justice, Volume 8, Issue 5, November 2010, Pages 1179–1217, https://doi.org/10.1093/jicj / mqq069

-         Lavers, Troy “The new crime of aggression: a triumph for powerful states” in Journal of Conflict & security Law, Vol.18, num.3,2013, pp.499-522

 

Resolution

-         UNGA Res. 3314 (XXIX) Definition of aggression A / RES / 3314, adopted on December 14, 1974.

-         Article 8 bis of the ICC + Article 15 bis-ter of the ICC

 

 

Topic 7: The double nature of crime of aggression

• The concept of aggression in International Law: the distinction between aggression by the State and the crime of aggression

• The difficulties surrounding the definition of the crime of aggression

• The current status of the crime of aggression

 

Preparatory reading TOPIC 8:

-         OUNHCHR, Rule-of-law tools for post-conflict states. Prosecution initiatives, UN, 2006, https://www.ohchr.org/Documents/Publications/RuleoflawProsecutionsen.pdf

-         Hovell, Devinka “The authority of universal jurisdiction” in European Journal of International Law, Volume 29, Issue 2, May 2018, Pages 427–456. https://academic.oup.com/ejil/article/29/2/427/5057077

 

Jurisprudence:

a)      ICJ, Congo v. Belgium, 2002; Belgium v. Senegal 2012 Germany v. Italy (Greece interv.), 2012

b)      International Human Rights Courts: ACHR: Barrios Altos Case, 2001; ACHR: Zimbabwe Human Rights NGO Forum 2006

c)      Domestic jurisdictions

 

 

 

PART III: JUDICIAL ACTION AGAINST THOSE RESPONSIBLE FOR INTERNATIONAL CRIMES

 

 

Topic 8: The prosecution of international crimes in internal systems and transitional justice: case studies

• Legal problems:

a) The debate in society about justice and / or peace

b) The conflict between the immunity regime, impunity and the duty to prosecute

c) Transitional justice as an ad hoc model of justice: concept and purpose

• The recognition / non-recognition of international crimes in national legislation; its regulatory status and the obligation to prosecute

• The influence of the International Human Rights Courts in domestic jurisdictions 

• Case examples

Preparatory reading TOPIC 9:

-         Williams, "Hybrid Tribunals: a time for reflection" in International Journal of Transitional justice, 2016, 10, 538-547;

-         Zacklin, “The failing of ad hoc International Tribunals” in International Criminal Justice, 2004, 541-545

 

Jurisprudence: 

-         Distribution of ICTY cases; ICTR; Hybrid courts

 

 

Topic 9: The ad hoc International Judicial solution: ad hoc and hybrid tribunals

• The importance of the socio-political framework for the creation of ad hoc and hybrid courts

• General characteristics of ad hoc tribunals

• The distinction between ad hoc tribunals and hybrid tribunals

 

Preparatory reading TOPIC 10:

-         ICC, Understanding the International Criminal Court; Rome Statute;

-         Garbett, “The international Criminal Court and restorative justice: victims, participation and the processes of justice” in Restorative Justice, 5: 2 2017, 1998-220;

-         Kendall, “Restorative justice at the international criminal court” in REDI, 2018, 217-221

 

Jurisprudence: 

-         Distribution of situations and cases of the ICC

 

 

Topic 10: The International proposal with Permanent Character: The International Criminal Court

• Origin, nature and structure of the ICC

• Limited jurisdiction and its jurisprudence: from the beginning to today

• Victims at the ICC:

a) The presence of the victims at the ICC

b) Reparation v / s assistance to the ICC: the role of the Trust Fund

c) Practice

Methodology

COURSE PROGRESS

The subject is entirely continuous assessment. This means that each week the student must have prepared the session in advance using the recommended readings in the syllabus and / or in the Moodle. For this reason, there will be a reading test at the beginning of each session.

Then there will be 2-4 presentations of situations or case studies by students - five minutes each - with the help of a poster (NO PP) designed for the occasion. The cases or situations will help to introduce a factual component to the topic that will be addressed in that session. Therefore, after the presentations, a round of questions and debate will be open around the key concepts, both those that already have been studied as those to be worked on in that session.

On the other hand, at the end of each of the three blocks of the syllabus, a comprehensive practice will be done with real or invented assumptions to ensure that the knowledge worked up until then has been achieved. In addition, throughout the course, each student will have to prepare a brief research paper based on a court decision or an official report related to a specific case (which may be the same as that presented in class or a different one). For the elaboration of the essay the student, with the tutoring of the teaching staff, will have to ask him/herself a question related to the master document to which he/she will have to answer.

Finally, in March, group seminars will be scheduled in the Department’s office during tutoring hours to discuss the chosen book between the three options.

Students are reminded that, given the proposed methodology, the ACTIVE participation (NOT the mere presence in class) is fundamental and consequently will be a essential part of the final grade.

 

 

EVALUABLE ACTIVITIES

 

1.- ESSAY. (30% of the final grade). Analysis of a specific case based on a ruling / official report.

Preparation of a theoretical review work from an official document (sentence / report) related to a specific case. For the determination of the case and the jurisprudence to be analysed, it is essential to have previously had the approval of the teaching staff.

The length of the work will be 3,500-4,000 words and for the format the same criteria are applied as the dictates for the preparation of the Criminology TFG. It will be delivered in Spanish, Catalan or English before May 17.

NOTE: to be considered evaluable, the work must obtain a grade higher than 3.6

 

2.- READINGS TO PREPARE THE SESSIONS. (20% of the final grade)

As it is a subject of continuous assessment, -without a final exam-, each week the session must be prepared by reading the doctrine and / or jurisprudence that appears in the teaching guide or, where appropriate, the one indicated for each occasion in the virtual campus.

For its evaluation, a reading test will be carried out at the beginning of each session. At the end of the course the grade will be calculated (20% of the final mark) using as a reference the average of 80% of the tests that have been carried out in the sessions, that is, it will be calculated on the best 7 of the 9 proposed tests.

 

3.- COMPREHENSIVE PRACTICAL SESSIONS (preparation and participation) (15% of the final grade).

There will be 3 assessable practices (5% each) that will correspond to the end of each thematic block. The specific details of each practice will be specified on campus.

 

4.- POSTER. (20% of the final grade). Preparation and oral presentation of a situation or case study with the help of a poster (10%) + active participation the other students’ presentations (10%)

At the beginning of the course, it will be possible to choose -or it will be assigned- a real situation or case that must be presented to the rest of the class by explaining a poster. 3/4 presentations will be made per week and in them, as the course progresses, the concepts that have been worked on should be integrated. The poster and the presentation will account for 10% of the final grade and will be evaluated independently of the questions and debate session that will be opened from the presentations.

The other 10% will correspond to the quality of the participation, questions and interventions that each person makes as an audience in the other presentations.

 

5.- LITERARY SEMINAR. (10% of the final grade). Reading, file and participation in a thematic seminar on ONE of the following books:

 

a) East-West Street. On the origins of genocide and crimes against humanity. Philippe Sands, Weindenfeld & Nicolson, London, 2016 (387 pp.) (Historical Essay. The legal gestation of international crimes: Nazism and the crimes of Genocide and Crime against Humanity)

b) Half of a Yellow Sun. Chimamanda Ngozi Adichie, Collins, 2007 (448 pp.) (Historical novel set in Africa: the Biafran war 1967-70)

c) The Reader, Bernhard Schlink, Random House, 2011 (224 pages) (romantic novel with historical content, Nazism) + Small Country, Gael Faye, Random House, 2019 (194 pages) (historical novel that tells the childhood of a boy in the middle of genocide gestation)

 

6.- PARTICIPATION IN THE CLASSES (5% of the final grade).

The active attitude of the student and the interventions throughout the sessions (in English or Spanish) will represent 5% of the final grade. Attention: the mere "attendance" or "presence" in class without contributions IS NOT participation.

 

Warning:

1) The copying of works among the students will be scored with a 0 of that part of the evaluation for the people involved.

2) Students who plagiarize practices, comments or work will be rated with a "0" final grade for the course, and therefore without the right to re-evaluation.

 

Re-evaluation (pass / fail):

For students who have not obtained a minimum mark of 5 during the course, but have obtained more than 4, there is the possibility of an exam that will take place on the date assigned by the faculty for the re-evaluation.

The structure of the exam will be 10 short questions related to the contents of the course and the maximum final grade that can be obtained from the subject will be 6.5

Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Class participation 27 1.08 11, 2, 8, 31, 9, 17, 33, 24, 19, 23, 29, 27, 25, 26, 10, 13
Class, pactivities and seminars 60 2.4 5, 3, 4, 2, 1, 7, 31, 9, 16, 19, 20, 21, 22, 23, 29, 28, 25, 26
Readings and poster 27 1.08 6, 8, 31, 9, 18, 17, 21, 23, 29, 27, 25, 30
Type: Supervised      
Essay (using as a primary source a case law decision/official report) 23 0.92 5, 3, 2, 1, 7, 31, 15, 17, 24, 21, 22, 23, 28, 25, 12, 13
Type: Autonomous      
Book 13 0.52 6, 9, 14, 17, 29, 28, 26, 30, 10, 12

Assessment

EVALUABLE ACTIVITIES

 

1.- ESSAY. (30% of the final grade). Analysis of a specific case based on a ruling / official report.

Preparation of a theoretical review work from an official document (sentence / report) related to a specific case. For the determination of the case and the jurisprudence to be analysed, it is essential to have previously had the approval of the teaching staff.

The length of the work will be 3,500-4,000 words and for the format the same criteria are applied as the dictates for the preparation of the Criminology TFG. It will be delivered in Spanish, Catalan or English before May 17.

NOTE: to be considered evaluable, the work must obtain a grade higher than 3.6

 

2.- READINGS TO PREPARE THE SESSIONS. (20% of the final grade)

As it is a subject of continuous assessment, -without a final exam-, each week the session must be prepared by reading the doctrine and / or jurisprudence that appears in the teaching guide or, where appropriate, the one indicated for each occasion in the virtual campus.

For its evaluation, a reading test will be carried out at the beginning of each session. At the end of the course the grade will be calculated (20% of the final mark) using as a reference the average of 80% of the tests that have been carried out in the sessions, that is, it will be calculated on the best 7 of the 9 proposed tests.

 

3.- COMPREHENSIVE PRACTICAL SESSIONS (preparation and participation) (15% of the final grade).

There will be 3 assessable practices (5% each) that will correspond to the end of each thematic block. The specific details of each practice will be specified on campus.

 

4.- POSTER. (20% of the final grade). Preparation and oral presentation of a situation or case study with the help of a poster (10%) + active participation the other students’ presentations(10%)

At the beginning of the course, it will be possible to choose -or it will be assigned- a real situation or case that must be presented to the rest of the class by explaining a poster. 3/4 presentations will be made per week and in them, as the course progresses, the concepts that have been worked on should be integrated. The poster and the presentation will account for 10% of the final grade and will be evaluated independently of the questions and debate session that will be opened from the presentations.

The other 10% will correspond to the quality of the participation, questions and interventions that each person makes as an audience in the other presentations.

 

5.- LITERARY SEMINAR. (10% of the final grade). Reading, file and participation in a thematic seminar on ONE of the following books:

 a) East-West Street. On the origins of genocide and crimes against humanity. Philippe Sands, Weindenfeld & Nicolson, London, 2016 (387 pp.) (Historical Essay. The legal gestation of international crimes: Nazism and the crimes of Genocide and Crime against Humanity)

b) Half of a Yellow Sun. Chimamanda Ngozi Adichie, Collins, 2007 (448 pp.) (Historical novel set in Africa: the Biafran war 1967-70)

c) The Reader, Bernhard Schlink, Random House, 2011 (224 pages) (romantic novel with historical content, Nazism) + Small Country, Gael Faye, Random House, 2019 (194 pages) (historical novel that tells the childhood of a boy in the middle of genocide gestation)

 

6.- PARTICIPATION IN THE CLASSES (5% of the final grade).

The active attitude of the student and the interventions throughout the sessions (in English or Spanish) will represent 5% of the final grade. Attention: the mere "attendance" or "presence" in class without contributions IS NOT participation.

 

Warning:

1) The copying of works among the students will be scored with a 0 of that part of the evaluation for the people involved.

2) Students who plagiarize practices, comments or work will be rated with a "0" final grade for the course, and therefore without the right to re-evaluation.

 

Re-evaluation (pass / fail):

For students who have not obtained a minimum mark of 5 during the course, but have obtained more than 4, there is the possibility of an exam that will take place on the date assigned by the faculty for the re-evaluation.

The structure of the exam will be 10 short questions related to the contents of the course and the maximum final grade that can be obtained from the subject will be 6.5

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
CLASS PARTICIPATION 5% of final grade 0 0 11, 31, 9, 16, 19, 27, 25, 30, 12, 13
ESSAY (30% final grade) 30% 0 0 5, 2, 1, 8, 7, 9, 18, 14, 15, 19, 29, 28, 26, 30, 10
LITERARY SEMINAR 10% of final grade 0 0 5, 3, 6, 31, 9, 16, 27, 25, 10, 12, 13
POSTER 20% 0 0 3, 18, 15, 33, 19, 23, 29, 27, 25, 26, 30, 32, 12
Pre-class Readings 20% of final grade 0 0 1, 7, 31, 9, 17, 33, 29, 28, 27, 30, 12, 13
practical sessions (preparation and participation) 15% of final grade 0 0 3, 4, 2, 31, 9, 24, 19, 20, 21, 22, 23, 29, 27, 25

Bibliography

Basic Legislation:

International Criminal Law

Rome Statute of the International Criminal Court & Elements of the Crime. Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998, UN-Dok. A/Conf. 183/9.

Basic Principles and Guidelines on the right to a remedy and reparation for victims of gross violations of IHRL and serious violations of IHL, Res. 60/147, 16 December 2005 https://www.ohchr.org/en/professionalinterest/pages/remedyandreparation.aspx

International Human Rights Law

Universal Treaties: https://www.ohchr.org/en/professionalinterest/pages/coreinstruments.aspx

European Convention for the protection of Human Rights and Fundamental Freedoms https://www.ohchr.org/EN/Issues/ESCR/Pages/RegionalHRTreaties.aspx

American Convention on Human Rights https://www.ohchr.org/EN/Issues/ESCR/Pages/RegionalHRTreaties.aspx

African Charter on human and Peoples Rights https://www.ohchr.org/EN/Issues/ESCR/Pages/RegionalHRTreaties.aspx

 

Other Legislation:

  • Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY-Statute) UN Doc. S/RES/827 (1993)
  • Statute of the International Criminal Tribunal for Rwanda (ICTR-Statute), UN Doc. S/RES/955 (1994).
  • Rome Statute of the International Criminal Court. Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998, UN-Dok. A/Conf. 183/9.
  • UNTAET (United Nations Transitional Administration for East Timor) Regulation 15/2000 http://www.un.org/peace/etimor/untaetR/r-2000.htmç
  • Special Court Statute for the Special Court for Sierra Leone (22, January, 2002) <http://www.specialcourt.org/documents/Statute.html.
  • Coalition Provisional Authority, Statute of the Iraqi Special Tribunal, 10 December 2003, <www.cpa-iraq.org/audio/20031210_Dec10_Special_Tribunal.htm
  • The four Geneva Conventions, 12 August 1949
  • Protocol I and II additional to the Geneva Convention, 8 June  1977
  • Protocol II additional to the Geneva Convention, 2005
  • Convention on the Prevention and Punishment of the Crime of Genocide, 9, December 1948

 

 

Webs:

 International Organisations and Related Human Rights and ICL Websites:

The United Nations

United Nations Human Rights Council

United Nations Treaty Bodies

United Nations Special Procedures

United Nations Security Council

United Nations Economic and Social Council

International Labour Organisation (LBO), Geneva, Switzerland

www.icc-cpi.int/Menus/ICC

World Health Organisation

UN Children's Fund (UNICEF)

UN Environmental Programme

OHCHR United Nations Office of the High Commissioner for Human Rights

United Nations Commission for the Status of Women

Un High Commissioner for Refugees, Geneva, Switzerland

UN Development Programme

UN Division for the Advancement of Women

OHCHR International Law Link to UN Human Rights instruments

www.echr.coe.int/hudoc.htm The European Court of Human Rights Case law

  

Non-Governmental Organizations:

Global Rights A human rights advocacy group that partners with local activists to challenge injustice and amplify new voices within the global discourse

Human Rights Watch A global independent organization dedicated to defending and protecting human rights.

Amnesty International A global charity which campaigns for internationally recognised human rights for all

Save the Children International Charity which campaigns on behalf of children

The International Committee of the Red Cross An organisation dedicated to the protection of the lives and dignity of victims of armed conflict and other violence.

Index on Censorship Organisation promoting freedom of expression

Minority Rights Group, International International organisation working to secure the rights of minorities and indigenous peoples

World Organisation against Torture A coalition of non-governmental organisations fighting against torture, summary executions and other inhumane treatment

www.iccnow.org/  coalition for the International Criminal Court coalition of non-governmental organizations lobbying in favour of the ICC

International Women's Rights Action Watch (IWRAW) organized in 1985 at the Third World Conference on Women in Nairobi, Kenya, to promote recognition of women’s human rights under the United Nation’s Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW Convention), an international human rights treaty

Freedom House Independent nongovernmental organization that supports the expansion of freedom in the world.

http://www.bayefsky.com/bystate.php This free website includes an extensive documents library organized by country and subject matter. You can find information on ratification, reservations and declarations, state reports, and other key documents.

 

 

Bibliography:

General International Public Law:

Brownlie,Ian, Principles of Public International Law. 5. Aufl. Oxford 1998.

Simma, Bruno, International Human Rights Law and General International Law: A Comparative Analysis. In: Academy of European Law (Hrsg.), Collected courses of the Academy of European Law.Vol. IV (1995), Book 2, S. 153-236.

Rehman, Javaid. International human rights law (2nd. Edition), Pearson education ltd. Harlow, 2009

 

International Criminal Law:

 Akhavan, P. “The core elements of international crimes” in Reducing Genocide to Law: Definition, Meaning and the Ultimate Crime, Cambridge University Press, 2012, pp. 27-55.

Ambos y Wirth. “The Current Law of Crimes against Humanity”, Crim. L. F., nº., 13, 2002, pp. 1, 2-13.

Arsanjani. “The Rome Statute of the International Criminal Court, AJIL, nº. 93, 1999, pp. 22 ss

Askin. “Crimes within the jurisdiction of the ICC”, en Crim. L.F., nº., 10, 1999

Barboza. “International Criminal Law”, Receuil des Cours, nº. 278, 1999, pp. 9, 59;

Bassiouni. Crimes against Humanity in International Criminal Law, 2ª ed., 1999

Boot, Genocide, Crimes against Humanity, War Crimes nullum Crimen sine Lege and the Subject Matter Jurisdiction of the ICC, 2002, par. 415 ss

Cassese, A.  International Criminal Law, 2nd ed., Oxford University Press, 2008.

Clark. “Crimes against humanity and the Rome Statute”, Clark, Feldbrugge, Pomorski (eds.). Essays in Honour of George Ginsbugs, 2001, pp. 139, 15

De Hoogh. “Articles 4 and 8 of the 2001 ILC Articles on State Responsability…”, BYIL,722001/2002, pp. 255.

Gómez-Benítez. “Elementos comunes de los crímenes contra la humanidad en el Estatuto de la CPI…”, Cuadernos de Derecho Judicial, Escuela Judicial, Consejo General del Poder Judicial, vol. VII, 2001,

Guifoyle, Douglas, International Criminal Law, Oxford Univ. Press, 2016

Human Rights Watch, “Commentary on the 4th Preparatory Commission meeting for the ICC”, march, 2000

Human Rights Watch, Genocide, War Crimes, Crimes against Humanity: Topical digest of the case law of the ICTR and ICTY, New York et al. 2004.

Kress. “War crimes committed in non-international armed conflict and the emerging system of international criminal justice”, Isr. Y.B. Hum. Rts., nº. 30, 2000, pp. 103 ss

Lee (ed.). The International Criminal Court – Elements of Crimes and Rules of Procedure and Evidence, 2001

McAuliffe de Guzmán, Margaret (2000). “The Road from Rome: The Developing Law of Crimes against Humanity”, Human Rights Quarterly (HRQ) 22 (2000), pgs. 335-403.

Meron, Theodor (1995). “International Criminalization of Internal Atrocities”, American Journal of International Law (AJIL) 89, pgs. 554 - 577.

 Mettraux. “Crimes against Humanity in the Jurisprudence of the ICTY and ICTR”, Harv. Int’l. J., nº. 43, 2002, pp. 237, 302-6;

Momtaz. “War crimes in non-international armed conflicts under the Statute of the International Criminal Court”, Y.B. Int’l Humanit. L., nº. 2, 1999, pp. 177,

Ntanda Nsereko, en McDonald y Swaak-Goldman. Substantive and Procedural Aspects of International Criminal Law, vol. I, 2000, pp. 113 ss

O’Keefe, R. “State Immunity and Human Rights: Heads and Walls, Hearts and Minds”, Vaderbilt Journal of Transnational Law, 2011, Vol 45, pp. 999-1045

Olásolo, Hector, Int. Criminal Law Review (ICLR) 5 (2005), 122,

Overy, R. “The Nuremberg Trials: international criminal law in the making”, in P Sands (ed.), From Nuremberg to the Hague: The Future of International Criminal Justice,Cambridge University Press, 2003, pp. 1-29

Quenivet,Ind.J. Int’l L., nº., 41, 2001, p. 478.

Ratner. “The Genocide Convention after fifty years”, ASIL Proceedings, nº, 92, 1998,

Robinson, D. “Serving the Interests of Justice: Amnesties, Truth Commissions and the International Criminal Court”, en European Journal of International Law, num. 14,2003, 481 y ss.

Robinson. “Defining crimes against Humanity at the Rome Conference”, AJIL, nº, 93,1999,

SANCHEZ, J. Inter-American Court, Crimes Against Humanity and Peacebuilding in South America. ICIP, WP 2010/2, http://www20.gencat.cat/docs/icip/Continguts/Publicacions/WorkingPapers/Arxius/WP10_2_ANG.pdf

Sandesh Sivakumaran, “Identifying an armed conflict not of an international character” in The Emerging Practice of the International Criminal Court, C. Stahn and G. Sluiter (ed.), Martinus Nijhoff, 2009, pp. 363-380

Schaack, Beth Van, “The Definition of Crimes against Humanity: Resolving the Incoherence”, Columbia Journal of Transnational Law (ColJTL) 37 (1999), pgs. 787-850.

Schabas, W. An Introduction to the International Criminal Court, 4rd ed., Cambridge University Press, 2011

Schabas, W. “Judicial Activism and the Crime of Genocide” in Darcy and Powderly (ed.), Judicial Creativity at the International Criminal Tribunals, Oxford University Press, 2010, pp.  63-79

Schabas. “Follow up to Rome: preparing for entry into force of the international Criminal Court Statute, Hum. Rts. L. J., nº. 20, 1999, pp. 157 ss

Sharga, D. “The Second Generation UN-Based Tribunals: A Diversity of Mixed Jurisdictions” in C. Romano, A. Nollkaemper, J. Kleffner (ed.), Internationalized Criminal Courts, Oxford University Press, 2004, pp. 15-38.

Simma, Bruno / Paulus, Andreas, The Responsibility of Individuals for Human Rights Abuses in Internal Conflicts: A Positivist View. AJIL 93 (1999), S. 302-316.

Sunga, “The Crimes within the Jurisdiction of the ICC” (part II, arts. 5-10), Eur. J. Crime Cr. L. Cr. J., nº. 6, 1998, pp. 377-399

 Triffterer. “Genocide, its particular intent to destroy in whole or in part the group as such”, Leid. Journ. Int’l. L., nº. 14, 2001, pp. 399 y ss.

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