UNIVERSITY OF TORONTO FACULTY LAW of INTERNATIONAL CRIMINAL LAW UNIVERSITY OF TORONTO FACULTY OF LAW FALL TERM 2011 ANDREA RUSSELL These materials are for educational use at the university of Toronto, AND NOT FOR COMMERCIAL SALE FACULTY OF LAW UNIVERSITY OF TORONTO INTERNATIONAL CRIMINAL LAW UNIVERSITY OF TORONTO FACULTY OF LAW FALL TERM 2011 ANDREA RUSSELL These materials are for educational use at the university of Toronto, AND NOT FOR COMMERCIAL SALE INTERNATIONAL CRIMINAL LAW UNIVERSITY OF TORONTO FACULTY OF LAW FALL TERM 2011 Andrea Russell READING MATERIALS: TABLE OF CONTENTS Week 1 (Sept. 7) Introduction to Public International Law and International Criminal Law Public International Law in a Nutshell (Second Edition) (Excerpt), by T. Buergenthal and 1 H. Maier Charter of the United Nations (Excerpt) 12 Week 2 (Sept. 14) Ad-Hoc and Hybrid Tribunals Rule-of-Law Tools for Post-Conflict States: Prosecution Initiatives (Excerpt) (Source: UN 23 Office of the High Commissioner for Human Rights) Prosecutor v. Tadic, Appeals Chamber Decision of 2 October 1995 (Excerpt) (ICTY) 35 The Special Court for Sierra Leone, by Michael Scharf 47 The Khmer Rouge Tribunal Paves the Way for Additional Investigations, by Neha Jain 50 Public Education Posters from the Extraordinary Chambers in the Courts of Cambodia 56 (ECCC) Structure, Jurisdiction and Composition of the Tribunals (Source: Table excerpted from 60 Designing Criminal Tribunals.) Week 3 (Sept. 21) The International Criminal Court Canada and the Court (Source: Department of Foreign Affairs and International Trade 62 Canada) Significant Elements of the Rome Statute (Source: Department of Foreign Affairs and 66 International Trade Canada) Paper on Some Policy Issues before the Office of the Prosecutor (Source: ICC) 72 Week 4 (Sept. 30- make up) War Crimes What is International Humanitarian Law? [Source: International Committee of the Red 82 Cross (ICRC)] The Geneva Conventions of 1949 and their Additional Protocols (Source: ICRC) 84 Protocols 1 and II additional to the Geneva Conventions (Source: ICRC) 86 Grave Breaches specified in the 1949 Geneva Conventions and in the additional Protocol 89 1 of 1977 (Source: ICRC) Updated Statute of the International Criminal Tribunal for the Former Yugoslavia 91 (Excerpt) Statute of the International Criminal Tribunal for Rwanda (Excerpt) 94 Prosecutor v. Strugar, Trial Chamber Decision of 31 January 2005 (Excerpt) (ICTY) 96 Week 5 (Oct. 5) Co-Perpetration and Crimes against Humanity Co-Perpetration (Excerpt from A. Cassese et al.; International Criminal Law: Cases and 113 Commentary) Agreement for the Prosecution and Punishment of the Major War Criminals of the 118 European Axis and Charter of the International Military Tribunal, 8 August 1945 Prosecutor v. Kunarac et al ('Foca' Case), Appeals Chamber Decision of 12 June 2002 121 (Excerpt) (ICTY) Situation in the Libyan Arab Jamahiriya, Pre-Trial Chamber Decision on the 'Prosecutor's 133 Application Pursuant to Article 58 as to Gaddafi et al', 27 June 2011 (Excerpt) (ICC) Week 6 (Oct. 12) Genocide Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 150 1948 Prosecutor v. Krstic, Trial Chamber Decision of 2 August 2001 (Excerpt) (ICTY) 153 Summary of Appeals Chamber Judgement in Prosecutor v. Krstic, 19 April 2004 (Excerpt) 170 (ICTY) Groups (Excerpt from W. Schabas, Genocide in International Law: Second Edition) 177 The Meaning of Direct and Public Incitement (Excerpt from A. Cassese et al., 184 International Criminal Law: Cases and Commentary) Week 7 (Oct. 19) Sexual Violence and the Role of Victims in International Criminal Law Gender Crimes Jurisprudence in the ICTR: Positive Developments (Excerpt), by Kelly Askin 189 Prosecutor v. Akayesu, Trial Chamber Judgement of 2 September 1998 (Excerpt) (ICTR) 198 Prosecutor v. Nyiramasuhuko et al., Summary of Trial Chamber Judgement of 24 June 205 2011 (Excerpt) (ICTR) Victims of Crimes and their Concerns [Excerpt from W. Schabas, An Introduction to the 209 International Criminal Court (Fourth Edition)] Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber Redacted Decision on the Defence 216 Request for a witness to give evidence via video-link, 9 February 2010 (ICC) Week 8 (Oct. 26) Child Soldiers and Defences such as Duress Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations, by 221 Nienke Grossman Prosecutor v. Norman (SCSL)(Excerpt from A. Cassese et al., International Criminal Law: 236 Cases and Commentary) Prosecutor v. Thomas Lubanga Dyilo, Case Information Sheet and Courtroom Layout 239 (ICC) Prosecutor v. Thomas Lubanga Dyilo, Prosecution's Observations on two potential 243 expert witnesses on child soldiers and trauma and submissions on the instructions to the experts, 11 February 2009 (ICC) Expert Reports on the Psychological Impact of Child Soldiering (Lubanga Trial), by 246 Jennifer Easterday Duress (Excerpt from A. Cassese et al., International Criminal Law: Cases and 248 Commentary) Week 9 (Nov. 2) The Role of the International Criminal Prosecutor Confronting Kigali (Excerpt from C. Del Ponte, Madame Prosecutor) 253 Conflicts Imperil Future Khmer Rouge Trials, by Seth Mydans (The New York Times) 259 Week 10 (Nov. 16) International Terrorism as an International Crime Terrorism as an International Crime (Excerpt from A. Cassese, International Criminal Law 262 (Second Edition) Suresh v. Canada, 1 S.C.R. 3, 2002 (Excerpt) 271 Prosecutor v. Taylor, Second Amended Indictment of 29 May 2007 (SCSL) 283 Special Tribunal for Lebanon, by Christine White 287 Special Tribunal for Lebanon issues landmark ruling on definition of terrorism..., by 289 Michael Scharf Week 11 (Nov. 23) Prosecuting War Crimes in Canada Canada's Crimes against Humanity and War Crimes Act (Source: Department of Foreign 292 Affairs and International Trade Canada) Crimes against Humanity and War Crimes Act 2000, c. 24 (Canada) 296 R. v. Munyaneza, 2009 Q.C.C.S. 2201 (Excerpt) 310 Week 12 (Nov. 30) Conclusions and Critiques of International Criminal Law Global Criminal Justice: An Idea Whose Time has Passed, by Jeremy Rabkin 343 When Facts are Thin on the Ground, by Julia Romasevych 356 Epilogue (Excerpt from C. Del Ponte, Madame Prosecutor) 357