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Wednesday 10-13 in building 1325, room 128
first lessons in week no. 36
This course will provide participants with a comprehensive introduction into the field of international criminal law and transitional justice. Students will learn about key legal concepts and institutions, but also the political and historical realities these depend on and reflect. Throughout the course we will follow ongoing developments in the field in order to apply the readings and legal norms to current events. Participants will also train their presentation skills and practice how to research and write an analytical paper.
Traditionally, the worst the ringleaders of massive human rights violations had to fear was the loss of power. It was very unlikely they also would face trials and a life in prison - impunity ruled. Over the last years, this paradigm is changing dramatically. A whole range of international and national mechanisms, judicial and non-judicial, has been created to address crimes against humanity and genocide: there is now the International Criminal Court (ICC), the International Criminal Tribunals for the Former Yugoslavia and Rwanda, Truth Commissions and even talk of holding former US president Bush and other US officials accountable for crimes allegedly committed in the "war against terror."
Not so surprisingly, this new trend has raised a host of controversial questions and confronted practitioners in ministries and courts with many practical as well as conceptual challenges. What is more, this trend has not been welcomed in all quarters. It has, for example, been argued that efforts to establish justice through the ICC can threaten peace negotiations or ignore local preferences for non-judicial solutions. Is it not indeed better for a society to move on and look ahead instead of dwelling on its dark and bloody past?
This course will introduce the different legal and non-judicial institutions that dominate the field of transitional justice and do so both from the perspective of victims, practitioners and the international community. Particular focus will be given to the International Criminal Court and its practice and legal framework. We will also explore legal concepts such as "immunity" and "universal jurisdiction" and their implementation in Denmark and other countries. We will examine developments from a series of countries including Sudan/Darfur, Uganda, Rwanda, the Former Yugoslavia, Germany, the United States and sites where massive crimes have been committed by colonial powers.
Students should have a bachelor degree in law or other relevant social sciences. Students without a legal background are welcome to register for this course, but will only be admitted if not all seats are taken by law students.
Martin Mennecke
The course will predominantly be based on discussions rather than lectures. Students are expected to contribute actively in class and encouraged to share their thoughts on transitional justice, possibly drawing on the history of their own country. Students will also be invited to prepare oral presentations based on the topic they choose for the final research paper. There will also be screenings of relevant films to illustrate the reality and challenges of international criminal law and transitional justice. All course material, teaching and the exam will be held in English.
English
Cryer et al., 2nd edition
http://www.cambridge.org/catalogue/catalogue.asp?isbn=9780521135818
All students will have to write an individual research essay (15-20 pages) examining a relevant question from a list of exam topics that will be provided at the beginning of the course. This paper will be due at the end of the semester. There will be a special session devoted to how to conduct research for this paper. In addition, students will be offered individual guidance before writing their research paper. As part of preparing their research paper, students will make a presentation on their case in class.
