Study-Unit Description

Study-Unit Description


CODE INL5004

 
TITLE Contemporary Issues in International Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 10

 
DEPARTMENT International Law

 
DESCRIPTION International Criminal Law:

This part of the study-unit examines the inception of international criminal law in Nuremberg and the remarkable developments that have been experienced within the last decade with the new international criminal tribunals of former Yugoslavia and Rwanda, leading to the crystallisation of international criminal law by virtue of the Rome Statute of the International Criminal Court. Trans-national prosecutions and domestic jurisprudence will also be closely scrutinized throughout the study-unit. The study-unit provides an overview of the main doctrines and principles of international criminal law, both the substantive and the procedural ones. It analyses the advantages and disadvantages of the international, trans-national and national (domestic) approaches to suppress human rights violations, by means of considering legal and institutional responses to combat both crimes under international law and international crimes. The study-unit includes a comparative analysis of criminal justice systems and penitentiary systems, together with a thorough understanding of extradition, mutual legal assistance and other contemporary methods to combat trans-national organized crime.

Proposed Lectures:

1. Comparative Criminal Justice Systems

- Common Law and Continental Law Systems ; Adversarial and Inquisitorial Procedures ; Malta’s Criminal Justice System: In need of reform/refining?
- Extradition Law and Related Issues
- Instruments of Judicial Cooperation, including the European Arrest Warrant (to be delivered by DFD)

2. Core Crimes

- Evolution, Development & Sui Generis Nature of ICL, including its main doctrines and principles;
- Genocide;
- Crimes Against Humanity; Torture & Related Practices;
- War Crimes; State Criminal Responsibility? (Geneva Conventions & International Humanitarian Law)

3. Rules of Procedure & Evidence

- Functions, Roles, Jurisdiction & Importance of International Criminal Tribunals & the International Criminal Court;
- General Principles of Criminal Law ; Due Process Guarantees (the right to a fair trial of the accused);
- The Relevance of the Jurisprudence of Regional & Domestic Courts (International Human Rights Law);
- the Role of the UN and NGO’s in the Quest to Defeat Impunity and to Protect Rights of Victims and Witnesses.

4. International and Trans-national Offending

- Combating Internationally Organised Crime – EUROJUST, EUROPOL & INTERPOL;
- Terrorism & Counter-Terrorism;
- State Torture & Slavery; Drug & Illegal Arms Trafficking ; Money Laundering.

5. Comparative Penology

- Theories, Objectives & Raison d’Etre of Punishment ; Capital Punishment & Methods of Execution;
- International Concept of the Penitentiary, Minimum Standards & Prisoners of War;
- An International Perspective on Community Measures and Sanctions (to be delivered by SS);
- Fieldwork – Visit at Corradino Correctional Facility, and Interviews/Questionnaire of Inmates, if permitted by Director of Prisons.

Study-unit Aims:

This study-unit aims to present the student with specialised branches of international law which have a penal (criminal) and/or constitutional (human rights) dimension.

The study-unit presents the principles of the corpus juris which embodies international criminal law. Its objective is to present the salient features and constitutive elements of core crimes together with the procedural mechanisms which are adopted in order to prevent, prosecute and punish such core crimes.

The study-unit also aims to present the intertwining between international criminal law and domestic criminal law, particularly in the light of the International Criminal Court complementarity regime.

Learning Outcomes:

- Improved knowledge both on international law and criminal law;
- Understanding the raison d’etre & leit motif (ratio legis) behind the legal institute of ICL;
- In-depth consideration of substantive ICL leading to an ability to comment & critically analyse jurisprudence (case-law) on the matter;
- In-depth consideration of procedural ICL leading to an ability to comment & critically analyse jurisprudence (case-law) on the matter;
- understanding the diversity in the application, implementation and enforcement of criminal law within different criminal justice systems;
- introducing knowledge on contemporary methods of combating international crimes, with particular reference to the European Arrest Warrant;
- increasing awareness on the complexity of issues relating to terrorism and the great difficulty to identify what constitutes a terrorist act or otherwise;
- increasing awareness on the complexity of issues relating to extradition and understanding specific legal mechanisms relating to the same;
- contemplating the need or otherwise to harmonise criminal laws and criminal justice systems;
- viewing in persona conditions of detention at Corradino Correctional Facility, thus understanding further the concept of punishment;
- detecting and appreciating the role of the UN and NGO in combating crime and protecting the rights of victims and witnesses;
- taking into account related issues dealing with international humanitarian law;
- taking into account related issues dealing with international human rights law.

Recommended Reading List (inter alia):

- Cassese Antonio, 2008, 2nd Edition, International Criminal Law, Oxford University Press;
- Cryer Robert, Friman Hakan, Robinson Darryl & Wilmshurst Elizabeth, 2007, An Introduction to International Criminal Law and Procedure, Cambridge University Press;
- Bassiouni Cherif M., 1986, International Criminal Law, Volumes 1-3, Transnational Publishers;
- Kalmthout, A.M and Durnescu, I., 2008, Probation in Europe. Wolf Legal Publications: The Netherlands;
- Rodley Nigel S., 2000, The Treatment of Prisoners Under International Law, 2nd Edition, Oxford University Press;
- Rome Statute of the International Criminal Court;
- Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;
- Convention on the Prevention and Punishment of the Crime of Genocide;
- Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity;
- Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation;
- Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation;
- Convention for the Suppression of Unlawful Seizure of Aircraft;
- Convention on Offences & Certain Other Acts Committed on Board Aircraft;
- Convention on the Marking of Plastic Explosives for the Purpose of Detection;
- Convention on the Physical Protection of Nuclear Material;
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- International Convention Against the Taking of Hostages;
- International Convention for the Suppression of Acts of Nuclear Terrorism;
- International Convention for the Suppression of Terrorist Bombings;
- International Convention for the Suppression of Financing of Terrorism;
- Statute of the International Criminal Tribunal for Rwanda;
- Statute of the International Criminal Tribunal for the Former Yugoslavia;
- Draft Articles on the Responsibility of States for Internationally Wrongful Acts;
- European Council Framework Decision 2002/584/JHA of 13th June 2002 on the European Arrest Warrant & Surrender Procedures Between Member States;
- European Convention on Mutual Assistance in Criminal Matters; Geneva Convention relative to the Treatment of Prisoners of War;
- Standard Minimum Rules for the Treatment of Prisoners;
- Interpol Constitution and General Regulations;

International Human Rights Law:

The lectures will seek to provide students with an understanding of international human rights law from both a theoretical and a substantive perspective. As an introduction, the first lectures will provide a general appraisal of the historical and conceptual basis of modern human rights regimes by referring to major developments and by examining the essential legal concepts underpinning the international human rights law system. Issues dealt with will include, inter alia, the establishment work of the United Nations, the universality of human rights, the creation of regional bodies and systems and the disputed classification of first, second and possibly third generation rights.

Following this introduction, the study-unit will present an overview of the international and regional human rights systems, namely that of the United Nations, the Council of Europe, the European Union, the African Union and the Organisation of American States. Emphasis will be placed on the relevant standards and bodies in an evaluative and comparative method. Furthermore, the role of international organisations (intergovernmental and non-) in the formulation and creation of international human rights law content and principles will be also be highlighted.

The study-unit will come to a close by providing an interactive (student participation through presentations) analysis of major substantive texts and issues including the rights of women, the rights of the child, refugee law, international criminal law, the right to development and migration.

Study-Unit Aims:

- To obtain an in-depth understanding of the core principles of intentional human rights law;
- To familiarise students with the substantive and procedural content of the United Nations core human rights treaties;
- To acquire the capacity to interpret human rights provisions, specifically and within a particular context;
- To obtain an overview of the relationship between the United Nation's treaty-based and Charter-based human rights mechanisms.

Learning Outcomes:

Throughout the study-unit the students will gain good understanding of the notion of human rights and the main principles supporting the international human rights regime. Together with this theoretical appreciation, the students will examine the major relevant texts and analyse the work of the relevant organisations in defining the substance and applicability of specific human rights provisions in very specific situations. The broad coverage of the universal and regional systems aims to facilitate an appreciation of the far-reaching implications of human rights and of the various forms of application they have in various parts of the world.

The study-unit will emphasise the legal approach to the topic so as to enhance the students’ abilities to formulate arguments and propose solutions based on thorough legal analyses and discussions. Class-work is being selected as one of the methods of assessment in order to immerse the students in the human rights discourse.

Reading List:

- Brownlie I. and Goodwin-Gill G. (Ed.), Basic Documents on Human Rights, Oxford University Press (2006).
- Rehman J., International Human Rights Law, Pearson Education Limited (2003).
- Haas Michael, International Human Rights: A Comprehensive Introduction (2008).
- Alston P., Goodman R., Steiner H.J., International Human Rights in Context: Law, Politics, Morals (2007).

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 10%
Assignment SEM2 Yes 10%
Examination (3 Hours) SEM2 Yes 80%

 
LECTURER/S Jean Pierre Gauci
Chris Soler

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

Study at UM

https://www.um.edu.mt/course/studyunit