Accueil > Crimes in International Law: from State Responsibility to Individual Criminal Responsibility

OADH 4090 - Mass Cultural Violations/Crimes in International Law:from Stateto Individual Criminal Responsability

Type d'enseignement : Seminar

Semester : Spring 2017-2018

Number of hours : 24

Language of tuition : English

Voir les plans de cours et bibliographies

Pre-requisite

Basic understanding of international law (State responsibility and individual criminal responsibility) Students are encouraged to familiarise themselves with the basics of international law's State responsibility and individual criminal responsibility prior to the course.

Course Description

The international discourse tends to confuse mass human rights violations with international crimes. This results from the failure to distinguish between State responsibility and individual criminal responsibility, as exacerbated by the multitude of universal and regional judicial mechanisms' divergent and overlapping practice. By analysing the targeting of culture in international law, the course aims to provide students with the ability to distinguish between State responsibility and individual criminal responsibility judicial mechanisms. This will consist of mass cultural rights violations, mainly addressed by regional human rights courts, and mass cultural crimes (genocide, crime against humanity and war crimes), mainly addressed by supranational criminal jurisdictions. The objective of the course is to show how, by constantly rethinking its own foundations, international law has evolved from a State-centered Westphalian system to more individual-centered one, so as to enable present and future decision-makers to manage more efficiently the realities on the ground.

Teachers

ABTAHI, Hirad (Legal Adviser, Chief of Legal and Enforcement Unit, Presidency, International Criminal Court)

Pedagogical format

Interactive lectures (questions and discussions by students are encouraged)

Course validation

Divided into groups of two drawn by lots, students will choose one topic from among a series of research topics. Each group will submit a 3500 word-long written piece in the form of a take-home paper (50% of the final average grade), as well as a 15 minute-long oral presentation and Q&A (50% of the final average grade). The exact timing of these tasks will be communicated early on in the semester

Workload

The required and recommended textbooks and documents need not be read exhaustively. Students are expected to read them so as to understand their ultimate purpose and usefulness for the course.

Required reading

  • 1. International Law Commission, “Draft Articles on Responsibility of States for Internationally Wrongful Acts” (November 2001) (ARSIWA) UN Doc A/56/10
  • 2. Marco Sassoli, Antoine A. Bouvier & Anne Quintin, How Does Law Protect in War? (ICRC)
  • 3. Mahmoud Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary Application (Cambridge 2011)
  • 4. William A. Schabas, Genocide in International Law (Cambridge 2000)
  • 5. Hausler Kristin, “Collective Cultural Rights in the Inter-American Human Rights System” in Andrjej Jakubowski (ed) Cultural Rights as Collective Rights: An International Law Perspective (Brill 2016)

Additional required reading

  • 1. Duedahl Poul (ed), The History of UNESCO: Global Actions and Impacts (Palgrave Macmillan 2016)
  • 2. The European Convention on Human Rights and the American Convention on Human Rights

Plans de cours et bibliographies

Session 1: Legal and Judicial Scope: Placing Culture in International Law Instruments

Required readings:

  • Skim-read the UNESCO conventions available on the UNESCO website

Recommended readings:

  • Duedahl Poul (ed), The History of UNESCO: Global Actions and Impacts (Palgrave Macmillan 2016)

Session 2: Legal and Judicial Scope: Placing Culture in a Judicial Framework

Required readings:

  • The European Convention on Human Rights and the American Convention on Human Rights; the Nuremberg and Tokyo Charters, the Statute of the International Criminal Tribunal for the former Yugoslavia, the Statute of International Criminal Tribunal for Rwanda, and the Statute of the International Criminal Court

Session 3: State Responsibility: Inter-State Claim Mechanisms

Required readings:

  • International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts (November 2001) (ARSIWA) UN Doc A/56/10

Session 4: State Responsibility: Regional Human Rights Courts and Collective Rights

Required readings:

  • Hausler Kristin, Collective Cultural Rights in the Inter-American Human Rights System in Andrjej Jakubowski (ed) Cultural Rights as Collective Rights: An International Law Perspective (Brill 2016)

Session 5: State Responsibility: Regional Human Rights Courts and Collective Rights (continued)

Required readings:

  • Anaya S James and Claudio Grossman, The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples (2002) 19:1 Arizona Journal of International and Comparative Law

Session 6: State Responsibility: Regional Human Rights Courts and Legal Persons

Required readings:

  • Emberland Marius, “Compensating Companies for Non-Pecuniary Damage: Comingersoll SA v Portugal and the Ambivalent Expansion of the ECHR Scope” (2003) 71 British Yearbook of International Law 409

Session 7: Individual Criminal Responsibility: War Crimes

Required readings:

  • Marco Sassoli, Antoine A. Bouvier & Anne Quintin, How Does Law Protect in War? (ICRC)

Session 8: Individual Criminal Responsibility: War Crimes (continued)

Required readings:

  • Marco Sassoli, Antoine A. Bouvier & Anne Quintin, How Does Law Protect in War? (ICRC)

Session 9: Individual Criminal Responsibility: Crimes against Humanity

Required readings:

  • Mahmoud Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary Application (Cambridge 2011)

Session 10: Individual Criminal Responsibility: Crimes against Humanity (continued)

Required readings:

  • Mahmoud Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary Application (Cambridge 2011)

Session 11: Individual Criminal Responsibility: Genocide

Required readings:

  • William A. Schabas, Genocide in International Law (Cambridge 2000)

Session 12: Individual Criminal Responsibility: Genocide (continued)

Required readings:

  • William A. Schabas, Genocide in International Law (Cambridge 2000)

BIOGRAPHICAL INFORMATION

Hirad Abtahi, First Legal Adviser, Chief of Legal and Enforcement Unit, Presidency, International Criminal Court.
Hirad Abtahi has twenty years of experience in international criminal justice. Since 2004, he has been the First Legal Adviser and Chief of the Legal and Enforcement Unit of the Presidency of the International Criminal Court, where he has also acted as Chef de Cabinet. Previously, he served the Milosevic trial chamber at the United Nations International Criminal Tribunal for the former Yugoslavia, and worked for the International Commission of Jurists.
Hirad Abtahi has widely lectured, including at The Hague Academy of International Law, and published, including two volumes on the Genocide Convention’s travaux préparatoires. He serves on the Boards of the International Criminal Law Review and the Forum for International Criminal and Humanitarian Law. He is a member of the Société Française pour le droit international and the European Society of International Law.
Holding a Diplôme d’études approfondies in international law, Hirad Abtahi has been educated in Iran, France, Canada and England.