Contemporary Issues in Criminal Justice
Module credits: 15
This module explores a number of contemporary issues which have given rise to controversy within criminal justice processes with reference to different comparative models. A comparative method is employed to examine how these issues are treated across a range of different criminal justice systems.
Fair Trials, Human Rights and Criminal Justice
Module credits: 15
This module critically considers the concept of ‘fair trial’ in theory and practice. International human rights law, particularly as it derives from Article 6 of the European Convention on Human Rights, will naturally be central to this inquiry. But the law of human rights is neither our starting point nor our final destination. More ambitiously, this option draws on criminal justice, socio-legal and comparative approaches and perspectives in order to place the law and practice of English criminal trials in their broader legal, political, social, and moral contexts.
Although some points of law and practice will be treated in detail, developing an exhaustive account of English criminal trials is not the principal objective. Rather, we will use these details as examples and case-studies to illustrate methodological issues, broader themes and trends in criminal policy, and international comparisons highlighting the ways in which western democracies have attempted, successfully or otherwise, to meet the challenges of integrating human rights law into their domestic criminal trial processes.
International Criminal Evidence
Module credits: 15
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.
International Criminal Law
Module credits: 15
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 and defences will also be covered.
International Humanitarian Law
Module credits: 30
This module examines the legal constraints of international and national warfare. It traces the historical and contextual development of the law and focuses upon the principles which govern warfare. During the module, you will also study the mechanisms for the enforcement and the implementation of international humanitarian law.
International Law on the Use of Force
Module credits: 15
This module looks at principles and laws governing unilateral and multilateral resort to force by states under the United Nations Charter and in customary international law. Instances where force is permissible will be considered as well as the more controversial claims to use force.
Philosophical Foundations of Human Rights and Criminal Justice
Module credits: 15
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.
Principles of Criminalisation
Module credits: 15
The module takes an interdisciplinary approach, combining philosophical, doctrinal, and socio-legal perspectives to examine the question of what behaviour we, as a society, should criminalise, and why. It will first introduce broad rationales for having a criminal legal system, adopting the perspective of a state which generally adheres to principles of liberal democracy.
The module will then examine in detail the four most influential theories of criminalisation which address the question ‘is there a good moral reason to criminalise this conduct?’: the harm principle, the offence principle, legal moralism, and paternalism.
Additionally, the moral worth of ‘consent’ will be studied. Assuming there is a good moral reason for criminalisation, the module will then consider the additional question ‘should the conduct be criminalised *all things considered*?’, which will require analysis of issues such as practical enforcement of the criminal law.
Principles of Public International Law
Module credits: 15
The module is primarily concerned with those customary and treaty rules governing relations between States. This module aims to give candidates a thorough grounding in the principles of PIL. The basic topics include:
- nature of international law
- sources
- actors in the international legal system
- jurisdiction and state responsibility
United Nations Law
Module credits: 15
This module examines the international institutional law and general international law governing the United Nations, including the central organs (for example the Security Council and General Assembly), subsidiary organs (such as the UNEP and the UNDP), and the specialised agencies (for example, the WHO, UNESCO, ICAO).
It considers:
- the UN's constitutional basis
- its legal personality and powers
- membership and budgetary matters
- representation and decision making
- sanctions regimes
- the UN's military options
- issues of responsibility, accountability and immunities
- the UN's contribution to the development and enforcement of international law