2022/2023
Crimes against Humanity and Human Rights
Code: 100471 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500257 Criminology | OT | 4 | 2 |
| 2500786 Law | OT | 4 | 2 |
Contact
- Name:
- Sebastian Andres Preller Borquez
- Email:
- sebastian.preller@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 ALL IN ENGLISHTeachers
- 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
- Criminology
- Ability to analyse and summarise.
- Accessing and interpreting sources of crime data.
- Analysing the conflict and criminology by using the criminological theories and their psychological and sociological foundations.
- Designing a criminological research and identifying the appropriate methodological strategy to the proposed goals.
- Drawing up an academic text.
- Formulating research hypothesis in the criminological field.
- Identifying existing social resources to intervene in the conflict and criminality.
- Respectfully interacting with other people.
- Students must demonstrate a comprehension of the best crime prevention and intervention models for each specific problem.
- Students must demonstrate they comprehend the criminological theories.
- Students must demonstrate they know a variety of criminal policies in order to face criminality and its different foundations.
- Using the evaluation techniques of criminogenic risk and needs of a person in order to decide an intervention proposal.
- Verbally transmitting ideas to an audience.
- Working autonomously.
- Working in teams and networking.
- Law
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Integrating the importance of Law as a regulatory system of social relations.
- Searching, interpreting and applying legal standards, arguing every case.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Learning Outcomes
- Ability to analyse and summarise.
- Accurately applying the prevention models in specific crime situations.
- Analysing with scientific criteria the information obtained in criminological databases.
- Applying the criminological theories.
- Applying the scientific criminological knowledge to the delinquency analysis.
- Appropriately choosing the social resource for each professional intervention case.
- Correctly drawing up every part of a criminological research project.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Drawing up an academic text.
- Efficiently applying the foundations of the different crime policies in the professional activity.
- Inferring the intervention models in accordance with a previous needs assessment.
- Respectfully interacting with other people.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
- Using the appropriate research methodology in accordance with the suggested criminological research.
- Verbally transmitting ideas to an audience.
- Working autonomously.
- Working in teams and networking.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Content
NOTE: the compulsory readings to prepare the sessions, as well as the topics and / or question will be attached to the virtual campus
(moodle) following the class calendar. ALL documentation will be in English.
CRIMES AGAINST HUMANITY AND HUMAN RIGHTS
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:
- Bianchi, Andrea.,“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, Beth & Slye, Ronald., "A Concise history of international criminal law." Santa Clara Law digital Commmons, 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”, Februery 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 yourquestions, 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 regimes of 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 begining 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"
- Cassel, Douglas "The expanding scope and impact of reparation awarded by inter-american court of Human Rights" in Revista do Instituto Brasileiro de Direitos Humanos, año 7, vol7, num.7 , 2006-2007, págs. 91-108
- Balta, Alina. "Victims and Retributive Responses at the European Court of Human Rights: Scrutinizing the Coercive Dimension of Reparations" iCourts Working Paper Series No. 155, 2020
Jurisprudence:
- Judgement on the appeals against the “Decision establishing the principles and procedures to be applied to reparations” (amended), 3, March, 2015, doc. num: ICC-01/04-01/06-3129
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
- Sand, Phillip., East-West Street. On the origins of genocide and CAH. Weidenfeld & Nicolson, 2016, chapters 69 (pages 164-166) + 76-77 (pages 177-183) + page 380/1 of the epilogue
- Schabas, William., “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 Antonio Cassese, Guido Acquaviva, Mary Fan, and Alex 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, 2007)
b) ICTY (Mladic Case) / ICTR Case Law
c) Domestic & / or Hibryd jurisdictions
PART II: INTERNATIONAL CRIMES
Topic 4: Difficulties surrounding the crime of genocide
• The concept of genocide: The 1948 Convention
• The specificityof 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
- Sand Phillip. , East Wets Street: parts 47-48 (pp. 111-115) + 154-156 (pp.367-372), (for "Persecution": part 89, pp.211-213)
- 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, Darryl. (1999). Defining “Crimes Against Humanity” at the Rome Conference. The American Journal of Internacional Law, 93 (1), 43-57. Recuperado de https://www.jstor.org/stable/2997955?seq=1
- Gil i Gil, A. "Crímenes contra la humanidad" Eunomia. Revista en Cultura de la Legalidad, 2016, nº10, pp.202-215- ILC, Draft articles on Prevention and Punishment of CAH, with commentaries
Jurisprudence:
a) ICTY: Blasic case; ICTR: Jean-Baptiste Gatete;
b) ICC: Bemba Gombo, Katanga
c) Domestic & / or Hibryd 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 its specific subtypes
• Crime against humanity in practice: the importance of jurisprudence
Preparatory reading TOPIC 6:
- Article 8 of ICC + Elements of the Crime
- Crimes involving disproportionate means and methods of warfare under the Statute of the ICC, Judith Gardam
- Harmen van der Wilt, “War Crimes and the Requirement of a Nexus with an Armed Conflict” en Journal of International Criminal Justice, Volume 10, Issue 5, December 2012, Pages 1113–1128, https://doi.org/10.1093/jicj/mqs060
Jurisprudence:
ICJ, Advisory opinión on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004 (ICJ, 136) + Advisory Advisory opinion on the Legality of the Use by state of Nuclear Weapons in armed Conflict, 1996 (ICJ, 226) + ICJ, Judgment, Armed activities on the Territory of the Congo. Democratic Republic of the Congo v Rwanda, 2006 (par.,204)
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.
- Wilmshurst, Elisabeth., “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 theICC
Jurisprudence:
- ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) 1984, para 89-94
- ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America) 1986, para. 189-195
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, impunityand the duty to prosecute
c) Transitional justice as an ad hoc model of justice: concept and purpose
• Case examples
• The influence of the International Human Rights Courts in domestic jurisdictions
• The recognition / non-recognition of international crimes in national legislation; its regulatory status and the obligation to prosecute
Preparatory reading TOPIC 9:
- Williams, Sarah., "Hybrid Tribunals: a time for reflection" in International Journal of Transitional justice, 2016, 10, 538-547;
- Zacklin, Ralph., “The failing of ad hoc International Tribunals” in Internationa Criminal Justice, 2004, 541-545
Jurisprudence:
- Distribution of ICTY cases; ICTR; Hybrid courts
Topic 9: International prosecution of individuals by ad hoc tribunals 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 betweenad hoc tribunals and hybrid tribunals
Preparatory reading TOPIC 10:
- ICC, Understanding the International Criminal Court; Rome Statute;
- Garbett, Claire.,“The international Criminal Court and restorative justice: victims, participation and the processes of justice” in Restorative Justice, 5: 2 2017, 1998-220;
- Kendall, Sara., “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 Criminal Court: the institution before perpetrators and victims
• 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 analyzed, 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 reevaluation.
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 | |||
| classes, participation, activities and seminars | 45 | 1.8 | 8, 1, 16, 17, 18, 19 |
| Type: Supervised | |||
| Readings supervision | 22 | 0.88 | 8, 6, 1, 17 |
| tutorials: Paper on a case study and compulsory reading | 24 | 0.96 | 9, 1, 17 |
| Type: Autonomous | |||
| Book | 16 | 0.64 | 4, 1, 16, 17 |
| Essay | 29 | 1.16 | 3, 5, 8, 6, 7, 9, 13, 17, 15 |
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 analyzed, 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 reevaluation.
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 |
|---|---|---|---|---|
| Activities (3x5%) | 15% | 9 | 0.36 | 3, 2, 10, 5, 8, 6, 7, 9, 13, 1, 17, 19 |
| Book | 10% | 0.5 | 0.02 | 4, 1, 16, 17 |
| Class active participation | 15% | 2 | 0.08 | 10, 11, 12, 1, 16, 18, 19, 15 |
| Exam (only for reevaluation of those students who obtained a grade over 4) | 80% (re-evaluation) | 0 | 0 | 2, 10, 5, 4, 8, 12, 13, 1, 17 |
| Final essay (compulsory) | 30% | 0 | 0 | 10, 14, 8, 9, 13, 1, 17, 15 |
| Poster | 10% | 0.5 | 0.02 | 2, 5, 4, 8, 6, 12, 13, 1, 16, 17, 15 |
| READINGS FOR CLASS SESSIONS | 20% | 2 | 0.08 | 3, 2, 5, 8, 6, 9, 13, 1, 16, 17 |
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 Lesilation:
- 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:
United Nations Human Rights Council
United Nations Special Procedures
United Nations Security Council
United Nations Economic and Social Council
International Labour Organisation (LBO), Geneva, Switzerland
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 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 organisationdedicated 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 favor 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. Disponible en/a la biblioteca digital de la UAB
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. Disponible en/a la biblioteca digital de la UAB.
International Criminal Law:
Akhavan, Payam. “The core elements of international crimes” in Reducing Genocide to Law: Definition, Meaning and the Ultimate Crime, Cambridge University Press, 2012, pp. 27-55. Disponible en/a la biblioteca digital de la UAB.
Ambos, Kai y Wirth, Steffen. “The Current Law of Crimes against Humanity”, en Crim. L. F., núm. 13, 2002.
Arsanjani, Mahnoush H. “The Rome Statute of the International Criminal Court, en AJIL, núm. 93, 1999, pp. 22 ss
Askin, Kelly., “Crimes within the jurisdiction of the ICC”, en Crim. L.F., núm. 10, 1999
Barboza, Julio. “International Criminal Law”, en Receuil des Cours, núm. 278, 1999, pp. 9, 59;
Bassiouni, Cherif., Crimes against Humanity in International Criminal Law, 2ª ed., 1999
Boot, Machteld., Genocide, Crimes against Humanity, War Crimes nullum Crimen sine Lege and the Subject Matter Jurisdiction of the ICC, 2002, par. 415 ss
Cassese, Antonio., International Criminal Law, 2nd ed., Oxford University Press, 2008.
Clark, Roger S., “Crimes against humanity and the Rome Statute”, en Clark, Feldbrugge, Pomorski (eds.). Essays in Honour of George Ginsbugs, 2001, pp. 139, 15
De Hoogh, André J.j., “Articles 4 and 8 of the 2001 ILC Articles on State Responsability…”, en BYIL,núm. 72, 2001/2002, pp. 255.
Gómez-Benítez, José Manuel., “Elementos comunes de los crímenes contra la humanidad en el Estatuto de la CPI…”, en 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”, marzo de 2000, p. 3.
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, Claus., “War crimes committed in non-international armed conflict and the emerging system of international criminal justice”, en Isr. Y.B. Hum. Rts., núm. 30, 2000, pp. 103 ss
Lee, Roy., (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”, en Human Rights Quarterly (HRQ) 22 (2000), págs. 335-403.
Meron, Theodor (1995). “International Criminalization of Internal Atrocities”, en American Journal of International Law (AJIL) 89, págs. 554 - 577.
Ntanda Nsereko, en McDonald y Swaak-Goldman. Substantive and Procedural Aspectsof International Criminal Law, vol. I, 2000, pp. 113 ss
O’Keefe, Roger. “State Immunity and Human Rights: Headsand Walls, Hearts and Minds”, Vaderbilt Journal of Transnational Law, 2011, Vol 45, pp. 999-1045
Olásolo, Hector, Int. Criminal LawReview (ICLR) 5 (2005), 122,
Philip Sands (ed.), From Nuremberg to the Hague: The Future of International Criminal Justice, Cambridge University Press, 2003, pp. 1-29
Robinson, Darryl. “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, Darryl. “Defining crimes against Humanity at the Rome Conference”, en AJIL, núm. 93,1999,
Sánchez, Joseline., 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), págs. 787-850.
Schabas, William. An Introduction to the International Criminal Court, 4rd ed., Cambridge University Press, 2011
Schabas, William. “Judicial Activism and the Crime of Genocide” in Darcy and Powderly (ed.), Judicial Creativity at the International Criminal Tribunals, Oxford UniversityPress, 2010, pp. 63-79
Schabas, William. “Follow up to Rome: preparing for entry into force of the international Criminal Court Statute, en Hum. Rts. L. J., núm. 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.
Triffterer, Otto., “Genocide, its particular intent to destroy in whole or in part the group as such”, en Leid. Journ. Int’l. L., núm. 14, 2001, pp. 399 y ss.;
Software
The course does not require any specific software