Table Of Content

UNIVERSITY OF TORONTO FACULTY LAW of International Criminal Law University of Toronto Faculty of Law Winter Term 2017 Instructor: Andrea Russell These materials are for educational use at the University of Toronto, and not for commercial sale K 5105.4 .R87 2017 c.1 BORA LASKSN LAW LIBRARY DEC 2 0 2016 FACULTY OF LAW . : STY OF TORONTO International Criminal Law University of Toronto Faculty of Law Winter Term 2017 Instructor: Andrea Russell These materials are for educational use at the University of Toronto, and not for commercial sale Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/internationalcri00russ_3 INTERNATIONAL CRIMINAL LAW UNIVERSITY OF TORONTO FACULTY OF LAW Winter Term 2017 Andrea Russell READING MATERIALS TABLE OF CONTENTS Week 1 (January 3) Introduction to International Criminal Law and Public International Law Public International Law in a Nutshell (Fourth Edition) (Excerpt), by T. Buergenthal and S. 1 Murphy Charter of the United Nations (with recent amendments) (Excerpt) 16 Week 2 (January 10) Institutional Design in International Criminal Law: Ad-Flocand Hybrid Tribunals 'Rule-of-Law Tools for Post-Conflict States: Prosecution Initiatives' (Excerpt) (Source: UN 28 Office of the High Commissioner for Human Rights) 'Post-Cold War Justice: The UN ad hoc tribunals, mixed courts, and the ICC' (Excerpt 40 from R. J. Goldstone and A. M. Smith, International Judicial Institutions: The architecture of international justice at home and abroad) 'Establishment of the ICTY' (Source: ICTY website) 48 Prosecutor v. Tadic, Appeals Chamber Decision of 2 October 1995 (Excerpt) (ICTY) 49 ICTY Facts & Figures, and Achievements (Source: ICTY website) 61 'Last Days for UN Court Trying Suspects in Rwanda Genocide' (Source: The New York 64 Times) 'The Failings of Ad Hoc International Tribunals', by R. Zacklin (Journal of International 67 Criminal Justice) ECCC at a Glance (Source: ECCC website) 72 Public Education Posters from the Extraordinary Chambers in the Courts of Cambodia 75 (ECCC) (Source: ECCC website) 'Judge's resignation rocks Khmer Rouge court' (Source: Radio Netherlands Worldwide 79 International Justice Section) 'Cambodia's Khmer Rouge Trials are a shocking failure' (Source: Time Magazine) 79 Optional Reading on Blackboard: The Geometry of Transitional justice: Choices of Institutional Design, by Carsten Stahn (Leiden Journal of International Law)_ Week 3 (January 17) Introduction to the International Criminal Court (ICC) 'The ICC at a Glance' (Source: ICC website) 85 Rome Statute of the International Criminal Court - Preamble, Part 1 (Excerpt) 87 'Paper on Some Policy Issues before the Office of the Prosecutor' (Source: Office of the 90 Prosecutor, ICC website) Prosecutor v. Ngudjolo, Judgment, 18 December 2012 (Excerpt re. evaluation of 99 evidence) (ICC) 'Press Release: The Prosecutor of the ICC...opens a preliminary examination of the 112 situation in Palestine' (Source: ICC) Statement of the Prosecutor... ahead of the visit to Israel and Palestine (Source: ICC) 114 Situation in Georgia: Summary of the Prosecution's request for authorization of an 118 investigation (Source: ICC) UN Security Council: Vetoes betray Syrian victims' (Source: Human Rights Watch) 125 'Politics seen undercutting credibility of a court' (Source: The New York Times) 128 'As 3 African nations vow to exit. International Court faces its own trial' (Source: The New York Times) Optional Reading on Blackboard: 'In demand ICC faces funding wrangles', by International Justice Desk (Source: Radio Netherlands Worldwide International Justice Section) 'New Chief Prosecutor defends International Criminal Court', by D. Smith (Source: The Guardian) 'Evaluating Judicial Mechanisms' (Excerpt from K. J. Fisher, Moral Accountability and International Criminal Law: Holding Agents of Atrocity Accountable to the World) Week 4 (January 24) War Crimes 'What is International Humanitarian Law?' [Source: International Committee of the Red 136 Cross (ICRC)] International Humanitarian Law: at the vanishing point of international law (Source: 138 ICRC 'The Geneva Conventions of 1949 and their Additional Protocols' (Source: ICRC) 139 'Protocols 1 and II additional to the Geneva Conventions' (Source: ICRC) 141 'Grave Breaches specified in the 1949 Geneva Conventions and in the additional 144 Protocol 1 of 1977' (Source: ICRC) Rome Statute of the International Criminal Court (Excerpt) 143 Prosecutor v. Ahmad al Faqi al Mahdi, Judgment and Sentence, 27 September 2016 148 (Excerpt) (ICC) Case Information Sheet: Situation in the Republic of Mali, The Prosecutor v. Ahmad Al 151 Faqi Al Mahdi 'Palmyra: destruction of ancient temple is a war crime, says UNESCO chief' (Source: The 166 Guardian) 'The war on Syria's doctors: the ultimate barbarity' (Source: The Economist) Optional Reading on Blackboard: Readings regarding Enlistment and Conscription of Child Soldiers as a War Crime Week 5 (Jan. 31) Crimes against Humanity; Co-Perpetration as a mode of individual liability Agreement for the Prosecution and Punishment of the Major War Criminals of the 173 European Axis and Charter of the International Military Tribunal, 8 August 1945 Rome Statute of the International Criminal Court (Excerpt) 177 Prosecutor v. Bemba Gombo, Decision on the Confirmation of Charges, 15 June 2009 180 (Excerpt) (ICC) Situation in the Libyan Arab Jamahiriya, Pre-Trial Chamber Decision on the 'Prosecutor's 187 Application Pursuant to Article 58 as to Gaddafi et al', 27 June 2011 (Excerpt) (ICC) Prosecutor v. Lubanga, Judgment, 14 March 2012 (Excerpt) (ICC) 203 Prosecutor v. Lubanga, Judgment on the appeal of Lubanga, 1 December 2014 (Excerpt) 215 (ICC) Week 6 (Feb. 7) Genocide Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 226 1948 Prosecutor v. Karadzic, Judgement, 24 March 2016 (Excerpt) (ICTY) 230 'First genocide charges to be heard at ECCC', 4 September 2015 (Source: ECCC website) 268 'Truth and Reconciliation: Genocide or not, Canada authored this story' (Source: The 269 Globe and Mail), June 2, 2015 'Groups' (Excerpt from W. Schabas, Genocide in International Law: Second Edition) 271 Week 7 (Feb. 14) Sexual Violence & The Role of Victims at the ICC 'Prosecuting Rape as a War Crime', by Hon. Richard Goldstone (Case Western Reserve 279 Journal of International Law) Prosecutor v. Akayesu, Trial Chamber Judgement of 2 September 1998 (Excerpt) (ICTR) 288 Prosecutor v. Nyiramasuhuko et al., Summary of Trial Chamber Judgement of 24 June 295 2011 (Excerpt) (ICTR) ICC Policy Paper on Sexual and Gender-Based Crimes, June 2014 299 'The ICC needs to ally with victims' (Source: opendemocracy.net) 305 'Victims before the Court' (Source: ICC website) 308 'Victims of Crimes and their Concerns' [Excerpt from W. Schabas, An Introduction to the 310 International Criminal Court (Fourth Edition)] Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber Redacted Decision on the Defence 317 Request for a witness to give evidence via video-link, 9 February 2010 (ICC) 'DRC: Thorny issue of reparations for Lubanga's victims', by UN Office for the 321 Coordination of Humanitarian Affairs 'Reparations Plan for Lubanga Victims takes shape' (Source: International Justice 323 Monitor) Situation in the Central African Republic: Notification from the Board of Directors of the 326 Trust Fund for Victims... (Source: ICC) Optional Reading on Blackboard: 'Black Diamond: a female victim of Charles Taylor's crimes speaks out', by D. Taylor (Source: The Guardian)____ 'International Criminal Court investigative strategy under fire; sexual violence in Congo', by Thijs Bouwknegt (Source: Radio Netherlands Worldwide International Justice Section)_ Stefan A. Riesenfeld Award Lecture: 'Crimes against Women under International Law', by The Hon. Madam Justice Arbour (Source: Berkeley Journal of International Law)_ 'Rape as an act of genocide', by S. Russell-Brown (Source: Berkeley Journal of International Law) Week 8 (Feb. 28- no class Feb. 21 due to Reading Week) The Role of the International Criminal Prosecutor Letter to Search Committee for the next Prosecutor of the ICC: Selection Criteria for the 333 next Prosecutor to meet the challenges ahead, 18 March 2011 (Source: Human Rights Watch) 'Defend the Integrity of the Rome Statute and a Court Worth Having' (Source: Human 336 Rights Watch) Policy Paper on the Interests of Justice (Source: Office of the Prosecutor, ICC) 338 'More Candour about Criteria: The exercise of discretion by the Prosecutor of the 347 International Criminal Court', byJ. Goldston (Source: Journal of International Criminal Justice) 'Selling Justice Short: Why accountability matters for peace' (Source: Human Rights 371 Watch) Optional Reading on Blackboard: Prosecutor v. Gaddafi and Al-Senussi, Decision on the Request for Disqualification of the Prosecutor, 12 June 2012 (ICC) Week 9 (March 7) ICC Case Study: The Kenya Situation 'Kenya erupts in violence as rivals declare victory' (Source: The New York Times) 382 Prosecutor v. Muthaura, Kenyatta and AH, Decision on the Application by the 384 Government of Kenya Challenging the Admissibility of the Case, 30 May 2011 (Excerpt) (ICC) 'Kenya's Deputy Prime Minister faces trial at International Criminal Court' (Source: The 397 Guardian) Kenyatta and Ruto confirm Kenyan alliance (Source: BBC News) 399 2013: A decisive year for Kenya- and the ICC (Source: Justice in Conflict) 400 IPSOS/ Synovate Polling: Confirmation Hearings Boost Support for ICC Process 403 Uhuru Kenyatta wins Kenya presidential election... (Source: CBC News) 405 Prosecutor v. Muthaura and Kenyatta, Decision on the withdrawal of charges against 406 Mr. Muthaura, 18 March 2013 (Excerpt) (ICC) African Union Decision on International Jurisdiction, Justice and the International 409 Criminal Court, May 2013 (Source: African Union website) Prosecutor v. Ruto and Sang, Case Information Sheet (ICC) 411 'Uhuru Kenyatta: ICC trial witnesses withdraw' (Source: BBC News) 412 'Kenyan MPs vote to quite international criminal court' (Source: The Guardian) 413 Statement of the Prosecutor of the ICC on the warrant of arrest issued against Walter 415 Barasa (ICC) Statement of the Prosecutor of the ICC regarding the unsealing of arrest warrants in the 416 Kenya situation (ICC) Statement of the Prosecutor on the status of the Government of Kenya's cooperation... 418 (ICC) Prosecutor v. Kenyatta, Notice of Withdrawal of the charges against Uhuru Kenyatta, 5 420 December 2014 (ICC) Statement of the Prosecutor on the Withdrawal of Charges against Uhuru Kenyatta 422 (ICC) Week 10 (March 14) Internationa! Terrorism as an International Crime 'Terrorism as an International Crime' (Excerpt from A. Cassese, International Criminal 425 Law (Second Edition) Suresh v. Canada, 1 S.C.R. 3, 2002 (Excerpt) 432 'Special Tribunal for Lebanon', by C. White (Source: International Judicial Monitor) 444 'Special Tribunal for Lebanon issues landmark ruling on definition of terrorism', by M. 446 Scharf (Source: American Society of International Law Insights) Week 11 (March 21) Prosecuting War Crimes in Canada 'Canada's Crimes against Humanity and War Crimes Acf (Source: Department of 449 Foreign Affairs and International Trade Canada) Crimes against Humanity and War Crimes Act 2000, c. 24 (Canada) 451 R. v. Munyaneza, 2009 Q.C.C.S. 2201 (Excerpt) 463 Munyaneza v. The Queen, 2014 QCCA 906 (Excerpt) 495 'Ontario judge clears 'probably guilty' Rwandan of war crimes' (Source: CBC News) 500 v Week 12 (March 28) Conclusions and Critiques of International Criminal Law 'Deterrence, Democracy, and the Pursuit of International Justice', by L. Vinjamuri 502 (Source: Ethics and International Affairs) 'The Future of International Criminal Justice', by C. Stahn (Source: The Hague Justice 512 Portal) 'Global Criminal Justice: An Idea Whose Time has Passed', by J. Rabkin (Source: Cornell 524 International Law Journal) \