International Criminal Law

3 units

International Criminal Law is one of the most important new subjects in the US law school curriculum. It addresses foundational questions about law and war, and whether alleged "war criminals" should be prosecuted and where. It also addresses the problem of transnational criminality, including of terrorism, trafficking, and cybercrime. Who has jurisdiction in cases involving cross border criminality? When are individuals immune from prosecution, if at all? As a matter of substantive law, this year we will concentrate on war crimes, genocide, crimes against humanity, terrorism, and cybercrime, with a focus on ongoing global conflicts. Procedural coverage will focus on the practical and legal problems involved in apprehending alleged international criminals and bringing them to trial through methods that range from formal extradition to kidnaping. There will be a mix of statutory, constitutional, treaty, customary international law, case law, and policy-oriented and philosophical materials. The final will be an open-book 3-hour in-class exam. All students will also do a short presentation as part of the class requirements, pass/fail on a subject of their choosing based upon a current news story relating to international criminal law. There are no prerequisites or corequisites. Laptops will not be allowed in class, other than for necessary exercises or for accommodations. Attendance and participation are required.