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International Law and Crimes

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Course Type Course Code No. Of Credits
Discipline Core SLG2LP223 4
  1. Does the course connect to, build on or overlap with any other courses offered in AUD?

This course is offered for the MA level. The modules are designed to establish the necessary groundwork, ensuring that students from various academic backgrounds can participate. As a course that examines law through the lenses of history, politics, and economics, it is designed to create alliance with a wide range of other disciplines offered at AUD, including political science, history, and sociology.

  1. Specific requirements on the part of students who can be admitted to this course:  No requirement
  2. No. of students to be admitted (with justification if lower than usual cohort size is proposed):   As per AUD norms
  3. Course scheduling: (summer/winter course; semester-long course; half-semester course; workshop mode; seminar mode; any other – please specify)

Semester long course

  1. Proposed date of launch:

6.  How does the course link with the vision of AUD and the specific programme(s) where it is being offered?

This course on International Law and Crimes is thematically linked with AUD's and SLPS’ vision of fostering critical and interdisciplinary research at the intersection of law, politics, and history. It equips them to analyse how international law and its institutions are shaped by historical power dynamics, colonial legacies, and economic structures, thereby preparing them for advanced research and engagement in a globalised world.

Course Details:

Summary Within the MA programme, this course is designed to introduce students to the development of modern public international law and the substantive law of international crimes. The course is geared towards fostering a critical perspective. It will introduce students to diversity in critical legal thought to deconstruct the colonial, political, and economic logics that have shaped the discipline.

b. Objectives

  • A basic understanding of the field of public international law, its sources, and its core doctrines
  • An understanding of the theories and elements of the international crimes
  • A critical understanding of the historical evolution of the discipline
  • An understanding of the function and politics of key international institutions,
  • The analytical tools to engage with contemporary issues and concerns

c. Learning Outcomes:

On the successful completion of the course, the students would be able to

  • Gain familiarity with the interdisciplinary nature of international law and the political, historical, and economic forces that shape it.
  • Acquire the critical skill set requisite for engaging with and analysing the doctrines of international criminal law and the institutions of international justice.
  • Acquire detailed knowledge of the various legal measures and mechanisms designed to deal with international crimes

d. Over all structure

Brief description of modules/ Main modules:

The course is divided into five modules.

 

Module 1: Foundations of Public International Law

 

 

 

Weeks 1-2

 

The first module introduces the fundamental building blocks of international law. It covers the basic questions of where this law comes from, looking at sources like treaties and customs; who the main actors are, including states, international organizations, and individuals and the core rules that govern how they interact. The aim is to provide a solid grasp of the essential legal framework that operates across borders.

However, this module goes beyond simply learning the rules. It encourages a critical perspective by asking how these rules were made and whose interests they have served. Using different historical and economic viewpoints, the module challenges the idea that international law is neutral. For example, it will demonstrate how a core concept like sovereignty was historically used as a “standard of civilization” to create a distinction between peoples, providing a legal justification for colonialism. The goal is to equip students from the start with the tools to see how law is shaped by power and history.

 

Week 1

  • Introduction to International Law: characteristics and functions and
  • Sources of Law: Treaties, Custom and General Principles

Essential Readings

  • Shaw, M. N. (2017). International law. Cambridge university press, Brownlie’s Principles of Public International Law, 9th ed. (OUP 2019), Ch-1
  • Trachtman, J. P. (2008). The economic structure of international law. Harvard University Press, Ch-1
  • Grewe, W. G. (2013). The epochs of international law. Walter de Gruyter, part 1.

Additional Readings

  • Lauterpacht, H. (1982). The development of international law by the International Court. Cambridge University Press.
  • Aust, A. (2013). Modern treaty law and practice. Cambridge University Press.

Week 2:

  • Statehood, Recognition and Sovereignty in Practice
  • Jurisdiction, Immunities and State Responsibility

Essential Readings

  • Crawford, J., and Baetens, F. (2023). The creation of states in international law. In Leading Works in International Law, part 1, chapters 1 and 2.
  • Koskenniemi, M. (2001). The gentle civilizer of nations: the rise and fall of international law 1870–1960 (Vol. 14). Cambridge University Press, Ch-2

Additional Readings

  • Shaw, M. N. (2017). International law. Cambridge university press (chs 5, 10–12)
  • Crawford, J., and Baetens, F. (2023). The creation of states in international law. In Leading Works in International Law (pp. 37-53). Routledge, Brownlie’s Principles (ch. 12)

 

 

Module 2:

History of International Law

 

 

Weeks 3-4

 

This module shifts focus from what international law is today to how it was historically formed, exploring how colonialism and economic interests shaped its very foundations. Using a critical perspective known as Third World Approaches to International Law (TWAIL), the course examines how concepts like the "standard of civilization" were used not as neutral benchmarks, but as tools to justify conquest. The module then explores the powerful story of resistance, highlighting how newly independent nations at events like the 1955 Bandung Conference cleverly used the language of law to fight for their freedom and solidarity.

The overall goal is to connect this critical history to the present. By understanding how the rules were made, students can better analyse today's international systems, from investment treaties to humanitarian interventions. The module provides the tools to see these modern legal regimes not always as neutral arbiters, but as complex structures that can still reflect the historical power imbalances established during the colonial era.

 

Week 3 and 4:

  • Colonial Origins of IL and the “Standard of Civilization” and
  • Capitalism, Imperialism and the Expansion of the Legal Order and
  • Bandung, Self-Determination and Third-World Approaches (TWAIL)

 

Essential Readings

  • Anghie, A. (2007). Imperialism, sovereignty and the making of international law (Vol. 37). Cambridge University Press, Ch-1 and 3
  • Koskenniemi, M. (2001). The gentle civilizer of nations: the rise and fall of international law 1870–1960 (Vol. 14). Cambridge University Press, (parts II–III) 

 

Additional Reading:

  • Chimni, B. S. (2017). International law and world order. Cambridge University Press. Chapter 7
  • Tzouvala, N. (2020). Capitalism as civilisation: a history of international law (Vol. 142). Cambridge University Press, Introduction and Ch 1.
  • Lee, C. J. (Ed.). (2010). Making a world after empire: The Bandung moment and its political afterlives (Vol. 11). Ohio University Press.

 

Module 3

 

Weeks 5-6

Institutions

 

This module explores the major institutions of international criminal law, focusing on the International Criminal Court (ICC) as well as the earlier ad-hoc tribunals created for the former Yugoslavia and Rwanda. It investigates a central question: why are some perpetrators of mass atrocities brought to trial while others seem to evade accountability? To answer this, the course examines the practical rules and political realities that determine who faces justice, including the ICC's relationship with national courts and the powerful role of the UN Security Council in referring cases.

The main goal is to understand that these international courts are not just legal bodies, but deeply political ones where the ideal of impartial justice meets the real world. The module broadens the definition of justice beyond criminal trials, looking at other tools used by societies recovering from conflict. It explores alternatives like truth commissions, reparations for victims, and amnesties, asking the difficult question of what justice truly means for survivors and when reconciliation might be more important than punishment.

 

Week 5:

 

  • The International Criminal Court: Jurisdiction, Complementarity and Procedure
  • Ad-Hoc and Hybrid Tribunals: ICTY, ICTR, Sierra Leone, Cambodia, Kosovo

 

Essential Readings:

  • Rangelov, I. (2013). Nationalism and the Rule of Law: Lessons from the Balkans and Beyond. Cambridge University Press. “International Justice in Serbia”, Ch-6

 

Additional Readings:

  • Stahn, C. (Ed.). (2015). The law and practice of the International Criminal Court. Oxford University Press, USA. Chapter 2

 

Week 6:

  • Universal Jurisdiction and Domestic Prosecutions of Core Crimes
  • Transitional Justice: Truth Commissions, Reparations and Amnesties

Essential Readings:

  • Cassese, A., Gaeta, P., and Jones, J. R. (2002). The Rome Statute of the ICC: A Commentary, Volume 1.
  • Rangelov, I. (2013). Nationalism and the Rule of Law: Lessons from the Balkans and Beyond. Cambridge University Press. Chapter 2

Additional Readings:

  • Langer, M. (2011). The diplomacy of universal jurisdiction: The political branches and the transnational prosecution of international crimes. American Journal of International Law.
  • Teitel, R. G. (2002). Transitional justice. Oxford University Press, Chapter 4

 

Module 4

The Substantive Law of International Crimes

Weeks 7-10

 

 

This module breaks down the four core international crimes: genocide, crimes against humanity, war crimes, and aggression. It traces their legal development from the post WWII Nuremberg trials to the modern Rome Statute that governs the International Criminal Court. The module deals with the specific legal elements of each offense and the different ways individuals can be held responsible. Using real-world case studies from places like the former Yugoslavia and Rwanda, the module also shows how these legal definitions, particularly for a crime like genocide, are fiercely debated and often politicized within societies grappling with violent pasts.

Beyond the legal rules, the module offers a deeper, more critical perspective on how these laws evolve to address the nature of modern violence. It also discusses sexual and gender-based violence, exploring how feminist legal theory challenged traditional views of harm in conflict. This is highlighted through a close look at the landmark Akayesu judgment from the Rwanda tribunal, a pivotal moment where the international community officially recognized that rape could be used as a tool of genocide, forever changing the landscape of international justice.

 

Week 7:

  • From War to Crime: Nuremberg, Tokyo and Early ICL
  • Genocide: Legal Elements, Proof of Intent and Key Cases

Essential Readings

  • Sarat, A., Douglas, L., and Umphrey, M. M. (Eds.). (2014). Law and war. Stanford University Press., Introduction
  • Rangelov, I. (2013). Nationalism and the Rule of Law: Lessons from the Balkans and Beyond. Cambridge University Press., Chapter 5
  • Schabas, W. (2000). Genocide in international law: the crimes of crimes. Cambridge University Press., Chapter 3

Additional Reading:

  • Cassese, A. (2011). International criminal law: cases and commentary. Oxford university press, Chapter 1

 

Week 8: 

 

  • Crimes Against Humanity: Evolution from Nuremberg to Rome
  • War Crimes in International and Non-International Armed Conflicts

Essential Readings

  • Sarat, A., Douglas, L., and Umphrey, M. M. (Eds.). (2014). Law and war. Stanford University Press., Introduction and Ch-3,
  • Bassiouni, M. C. (2011). Crimes against humanity: historical evolution and contemporary application. Cambridge University Press, Chapter 2

Additional Readings:

  • Cassese, A. (2011). International criminal law: cases and commentary. Oxford university press, Chapter 13

 

Week 9:

  • Sexual and Gender-Based Violence and Cultural Property as War Crimes
  • The Crime of Aggression and the Use of Force Regime

 

Essential Readings:

  • Sarat, A., Douglas, L., and Umphrey, M. M. (Eds.). (2014). Law and war. Stanford University Press., “Gendered Harm and War”
  • Falk, R. (2012). The costs of war: international law, the UN, and world order after Iraq. Routledge., Chapter 2

 

Additional Readings:

  • Prosecutor v Akayesu (ICTR) paras 731-744
  • Pahuja, S. (2011). Decolonising international law: development, economic growth and the politics of universality(Vol. 86). Cambridge University Press. Chapter 3
  • Kress, C., and Barriga, S. (Eds.). (2016). The crime of aggression: A commentary. Cambridge University Press.

Week 10:

  • Modes of Liability: Command Responsibility and Joint Criminal Enterprise

Essential Readings:

  • Sarat, A., Douglas, L., and Umphrey, M. M. (Eds.). (2014). Law and war. Stanford University Press., “Individualisation of War”

 

Additional Readings:

  • Cassese, A. (2011). International criminal law: cases and commentary. Oxford university press, Chapter 18

 

Module 5

 

Weeks 11-12

Contemporary issues

 

This module tests the traditional rules of international law against the realities of the twenty-first century. It examines modern forms of conflict, including the use of armed drones for targeted killings, cyber warfare, and the development of autonomous weapons. The key question running through these topics is whether the classic principles of war, designed for traditional battlefields, are still effective in a world of borderless, high-tech conflict, or if new laws are urgently needed to address these evolving threats.

The module moves beyond conflicts between states to investigate other challenges. It also looks to the future by discussing new proposals, such as the push to criminalize massive environmental destruction. The module prepares to think critically about the next phase of international justice and how the law must adapt to hold all powerful actors, from governments to corporations, accountable for the global challenges of our time.

 

Week 11:

Module 5

 

  • Terrorism, Drones and Targeted Killings under ICL and IHL
  • Corporate Complicity and Economic Actors in International Crimes

 

Essential Readings:

  • Crahan, M., Goering, J., and Weiss, T. G. (Eds.). (2004). The Wars on Terrorism and Iraq: Human Rights, Unilateralism and US Foreign Policy. Routledge., Chapter 5
  • Trachtman, J. P. (2008). The economic structure of international law. Harvard University Press, Chapter 6 “Linkage and Fragmentation”

 

Additional Readings:

  • Lubell, N. (2010). Extraterritorial use of force against non-state actors. Oxford University Press, Chapter 6
  • Zerk, J. (2012). Corporate liability for gross human rights abuses. A report prepared for the Office of the UN High, volume 1

 

Week 12:

  • Occupation, Apartheid and Settler-Colonial Practices in IL
  • Climate Change, and Environmental Crimes

Essential Readings:

  • Erakat, N. (2019). Justice for some: Law and the question of Palestine. In Justice for some. Stanford University Press., Introduction and Chapter 2
  • Sands, P., & Peel, J. (2012). Principles of international environmental law, Cambridge University Press.

Additional Readings:

  • Benvenisti, E. (2012), The International Law of Occupation (2nd ed.), Oxford University Press.
  • Dinstein, Y. (2024). The International Law of Belligerent Occupation, Cambridge University Press.
  • Mayer, B. (2018). The international law on climate change. Cambridge University Press, Chapter 8

 

 

 

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