Module Information

This module will introduce students to the main sources of substantive international criminal law. These sources constitute a legal `well spring? for the formulation of crimes within the subject matter jurisdiction of international crimes, in other words, `the core? of international criminal law, and therefore need to be identified and understood. This module will enhance the appreciation for, and understanding of, the rich and diverse materials that have been instrumental in the development of international criminal law.

Modern international criminal law was invented in the context of World War Two. It arose from the determination of the allied powers to prosecute Nazi war criminals for the atrocities of World War Two. This determination took the form of judicial proceedings revolving around the implementation of the Nuremberg Charter. Until very recently, the Nuremberg trials were the only such prosecutions in history. Today the number of international criminal law sources has increased considerably: they include the Statutes of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) and most recently the Rome Statute of the International Criminal Court. In formulating and applying substantive international criminal law the tribunals rely on a number of sources which this module will consider.

1. Sources of the Crime of Genocide under international criminal law: Examples include the Genocide Convention 1948, Rome Statute of the International Criminal Court.

2. Sources of the Crime Against Humanity under international criminal law: Examples include the 1868 Saint Petersburg Declaration, 1907 Martens Clause and the Rome Statute of the International Criminal Court.

3. Sources of War Crimes under international criminal law: Examples include 1915 Declaration by the governments of France, Great Britain and Russia, the Nuremberg Charter and Control Council Law No. 10.

4. Sources of the Crime of Aggression under international criminal law: Examples include the Nuremberg Charter, General Assembly Resolution 3314, (1974), U.N. Preparatory Commission for the International Criminal Court, (2000), the Rome Statute of the International Criminal Court.

5. Sources of the Crime of Terrorism under international law: Examples include the International Convention for the Suppression of Acts of Nuclear Terrorism (2005) and the International Convention for the Suppression of the Financing of Terrorism, (1999).