Qualifying module options
Detention and Imprisonment in the International Criminal Justice System
From the history of detention and imprisonment at the post-World War II International Military Tribunals, the course will progress to look at the penal regimes of the contemporary international criminal courts and tribunals, including the ICTY, ICTR, MICT, SCSL and ICC.
You will learn about the systems for and conditions in international remand detention and analyse the complaints and disciplinary procedures and oversight mechanisms operating within these international facilities.
Seminars will be devoted to discussions about the various penalties international criminal courts can impose, and the reasons international judges give for their imposition. You will also learn about life for international prisoners post-conviction, through an exploration of the various systems used to enforce international sentences of imprisonment.
Seminars will look at the degree of control international courts retain over these sentences and their responsibility for international prisoners while they are housed in national prisons. This module will also look at the remedies that should be and are available for international prisoners whose human rights have been violated, and address the question of whether it is necessary, feasible or desirable to create an international prison system.
International and Comparative Penal Law and Human Rights
This module covers:
- the development of international human rights law applicable to punishment
- sentencing principlies and international standards
- human rights as sentencing principles
- corporal punishment
- the death penalty
- life imprisonment
- indeterminate sentences
- community sanctions
- victims of crime and the penal process
- sentencing and punishment in international courts and tribunals
International Criminal Law
An introduction to international criminal law issues, with particular emphasis on institutions (such as Nuremberg and Tokyo IMTs, the ad hoc Tribunals and the International Criminal Court) as well as substantive and procedural aspects of international criminal law.
The module focuses on the institutional developments in international criminal law as well as the definition and application of the crimes of genocide, crimes against humanity, war crimes and aggression. Principles of liability, defences and elements of international criminal procedure will also be covered.
Philosophical Foundations of Human Rights and Criminal Justice
A broadly-based introduction to the philosophical foundations of human rights and criminal justice, emphasising the moral and political underpinnings of legal rules, doctrines and principles.
The module first tackles perennial conceptual and methodological issues relating to the nature of "philosophical" inquiry and the challenges of scepticism. Thereafter, the model reconsiders key issues and questions in contemporary debates surrounding human rights and criminal justice through the contrasting lenses of two rival philosophical perspectives, utilitarianism and liberal deontology.
Imprisonment and Human Rights
This module covers:
- human rights in prison
- place of imprisonment in the penal system
- conditions of imprisonment
- medical treatment of prisoners
- the prison regime and rights
- civil rights of prisoners
- security, order and discipline
- external control and supervision
- release of prisoners
- the future of imprisonment
Critical Issues in International Criminal Justice
This module builds upon the more conceptual and theoretical inquiries undertaken in Foundations of Criminal Justice by identifying emergent principles in the rapidly developing corpus of international criminal jurisprudence.
Consideration of the contribution of municipal legal systems to the pursuit of criminal justice in the international arena serves as a general introduction to the detailed doctrinal analysis of elements of crimes and defences, rules of evidence and procedure, and sentencing principles which comprises the bulk of the option.
Once identified and elaborated, rules and principles of international criminal law and procedure will be subjected to critical scrutiny, by drawing upon national and comparative legal perspectives, as well as general principles of international humanitarian law and the international law of human rights.
Making Prison Legislation Work
In the last 30 years, most countries in Europe (other than the United Kingdom), as well as some important countries in the common law world, such as Canada and South Africa, have completely rewritten the law governing their prisons in order to reflect modern human rights standards and best practice in administering prisons. This course will be introduced by examining the process that led up to these legislative changes. It will then turn to the way prisons legislation is typically constructed in terms of law, regulations and standing orders and how this structure relates to wider standards expressed in national constitutions and legally binding human rights norms.
After this introduction, in the first two seminars, the course will focus comparatively on how different systems deal with regulating specific issues that arise in prisons. For each seminar, you will be asked to look at how the legal framework is created for dealing with these issues, and to note a few points that you would include if you were required to draft a provision for an Act or a Regulation governing it. In addition, one seminar will be devoted to the technicalities of drafting such laws.
International Criminal Evidence
This module explores the strengths and weaknesses of different models of proof in both domesticand international criminal justice systems and the extent to which an international consensus is emerging around the principles of evidence and proof.
The modules we offer are inspired by the research interests of our staff and as a result may change for reasons of, for example, research developments or legislation changes. This list is an example of typical modules we offer, not a definitive list.