Degree | Type | Year |
---|---|---|
2500257 Criminology | OT | 4 |
2500786 Law | OT | 4 |
You can view this information at the end of this document.
Important remark
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
3) The evaluation method is continuous and therefore attendance to the sessions is mandatory
The subject is adapted to the Sustainable Development Goals (SDG)
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.
FIRST BLOCK: GENERAL FRAMEWORK
Topic 1 (introductory): The individual within the international system
• Some misunderstandings about international society and its legal system
• The main actors at the international level and their role in the development of international standards
• Individuals. From object to subject in the international system?
Topic 2: Conceptualization, synergies and differences of international regimes that directly address individuals and their integration in Public International Law
• The regimes of Ius in bello and Ius ad bellum until the world wars
• The transformation of the international legal system towards people after the 2nd World War:
• Distinction, coexistence and synergies between regimes:
a) international protection of human rights
b) international humanitarian law
c) international criminal law
d) international criminal cooperation
Topic 3: The different nature of responsibility for the violation of human rights and for the commission of international crimes
• The distinction between persecution mechanisms (for crimes) and protection mechanisms (for human rights): two independent but complementary courses of action
• Human Rights: From recognition to international protection. Evolution and political logic behind existing mechanisms
• International Criminal Law: from impunity to (limited) prosecution. Evolution and political interests behind existing mechanisms
Topic 4: The determination of the victim in the face of international crimes and/or human rights violations
• The different conceptions of the victim and their relationship with the locus standi to obtain reparation
• International principles on reparation for human rights violations: definition, characteristics and evolution.
• Differences and similarities between victims of human rights violations and international crimes.
SECOND BLOCK: INTERNATIONAL CRIMES
Topic 5: introduction to internatinal criminal law
• The background
• The role of the Statute and the Nuremberg Trial in the definition of crimes
• Comparison between the Nuremberg Trial and the International Military Tribunal for the Far East
Topic 6: 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
Topic 7: 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
Topic 8: 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 determining the crime
• Prosecution of war crimes: jurisprudential practice.
Topic 9: The dual nature of the crime of aggression
• The concept of aggression in International Law: the distinction between State aggression and the crime of aggression
• Difficulties surrounding the definition of the crime of aggression
• The current status of the crime of aggression
THIRD BLOCK: THE PREVENTION AND REMEDIES PROVIDED FOR VICTIMS OF INTERNATIONAL CRIMES
Topic 10:The role of domestic jurisdictions: general issues
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Seminars | 22 | 0.88 | 2, 3, 4, 5, 6, 8, 12, 13 |
theoretical classes and participation | 22 | 0.88 | 2, 3, 4, 8, 12, 13 |
Type: Supervised | |||
Tutoring for the supervision of readings | 22 | 0.88 | 1, 3, 4, 6, 10 |
Tutoring on the final project and the required book reading | 24 | 0.96 | 1, 2, 6, 8, 10, 12 |
Type: Autonomous | |||
Book | 16 | 0.64 | 2, 3, 6, 9, 11 |
Research paper | 29 | 1.16 | 1, 2, 3, 5, 7, 9, 11 |
Session preparation | 15 | 0.6 | 2, 6, 8, 9, 10, 11 |
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.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
CLASS PARTICIPATION | 5 % | 0 | 0 | 1, 4, 6, 8, 9, 10 |
CLASS PREPARATION | 25% | 0 | 0 | 3, 5, 6, 9, 10, 11, 12 |
LITERARY SEMINAR | 10 % | 0 | 0 | 1, 4, 6, 10, 11 |
POSTER | 15% | 0 | 0 | 1, 4, 7, 12, 13 |
PRACTICAL ACTIVITIES AT THE END OF EACH BLOCK (preparation and participation) | 15% | 0 | 0 | 1, 2, 3, 4, 6, 12, 13 |
RESEARCH | 30% | 0 | 0 | 1, 2, 3, 5, 6, 7, 8, 9 |
Assessable Activities
1.- INDIVIDUAL RESEARCH. (30% of the final grade) Preparation of a theoretical review research. To determine the topic, structure and question to be analyzed, it is essential to previously had the approval of the teaching staff.
Students must submit a written research data sheet with their findings one week before the written test. The technical file and all the works in general, can be delivered in Spanish, Catalan or English. NOTE: to be considered evaluable, the research must obtain a grade higher than 3.6. The criteria from which the research will be scored are: Technical file (40%) + written exam (60%)
score |
concept |
0.5 |
Structure |
0,5 |
Bibliography |
1 |
Application and management of the concepts worked on throughout the course |
1 |
Final evaluative conclusions |
1 |
Strictness |
6 |
Written exam |
10 |
TOTAL |
2.- PREPARATION OF THE SESSIONS. (25% of the finalgrade)
Being a subject of continuous evaluation, -without final exam-, each week the session must be prepared according to what is indicated for each occasion in the virtual campus. For its evaluation, a preparation verification test will be carried out during the session and at the end of the course this 25% of the grade will be calculated using as a reference the average of 80% of the tests that have been carried out throughout the course.
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 (part I; parts II & III; parts IV & V). The specific details of each practice will be specified on campus.
4.- POSTER.(15% of the final grade). Preparation and oral presentation with the help of a poster (10%) + active participation the other students’ presentations (5%)
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. 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 5% 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 legalgestation of international crimes: Nazism and the crimes of Genocide and Crime against Humanity)
b) Half ofa 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. NOTE: the mere "attendance" or "presence" in class without contributions is not considered participation.
FRAUDULENT CONDUCTS
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 or use AI for their practices, comments or work will be rated with a "0" final grade for the course, and therefore without the right to re-evaluation.
CONDITION OF ASSESSEABLE STUDENT
Students will be eligible for evaluation as long as they have completed a set of activities that account for at least 2/3 of the total grade for the course. If the value of the activities completed does not reach this threshold, the course instructor may consider the student as not eligible for evaluation.
RE-EVALUATION
For students who have not obtained a minimum grade 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
SINGLE ASSESSMENT
There is the possibility of a single evaluation that will take place on the day scheduled by the Faculty for a final exam. This evaluation will include:
a) A written exam of the theoretical concepts worked on in class, based on the themes outlined in this syllabus and the material uploaded to the virtual campus
b) The resolution of a case study that will be given at the beginning of the course and regarding which questions will be asked on the day of the exam
c) The elaboration of a poster that must be presented and defended orally. The poster must be the result of the analysis of a news item or current event through the application of concepts worked on throughout the course.
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.asp
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:
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 Commissionerfor 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.
Other Bibliography:
International Public Law:
See the Virtual Campus (moodle)
Name | Group | Language | Semester | Turn |
---|---|---|---|---|
(TE) Theory | 1 | English | second semester | morning-mixed |