Reconciliation in a post-conflict society 2200-9HA-9
Week 1 - 19.02.2018
Global Health Week (there is no Reconciliation in post-conflict course)
Week 2 - 26.02.2018
Introductory terms:
- Concept of justice (restorative, retributive justice) and reconciliation
- history of international criminal law (ICL),
- main sources of ICL,
- relation between ICL and international humanitarian law, human rights law, refugee law
- Division between responsibility of different subjects (states, individuals, legal entities)
Week 3 - 05.03.2018
International crimes:
" Aggression
" War crimes
" Genocide
" Crimes against humanity
" Ethnic cleansing
" Slavery,
" Torture,
" Apartheid,
" Enforced disappearance
" Terrorism
Week 4 - 12.03.2018
Principles of individual responsibility
" Forms of participation in crimes (aiding and abetting, ordering, planning, preparation, instigation, joint criminal enterprise, conspiracy, commission through another person, international corporate criminal responsibility)
" Defences (superior order, duress, necessity, self-defence, intoxication, mistake of fact, mistake of law, mental incapacity)
" Irrelevance of immunities
" Command/superior responsibility
Week 5 - 19.03.2018
National and international jurisdiction
" National criminal jurisdiction (incl. universal jurisdiction)
" aut dedere aut iudicare principle
" international jurisdiction
o ad hoc tribunals (ICTY, ICTR), Residual Mechanism
o hybrid tribunals
o ICC
Week 6 - 26.03.2018
The ICC struggle for global jurisdiction:
1. battle with African Union
2. rivalry between ICC and other international tribunals
" Sudan (Darfur situation) (Al Bashir)
" Kenya
" CAR
(this class has as its aim to summarise knowledge and prepare you for a test)
Week 7 - 2.04.2018
EASTER HOLIDAY
Week 8 - 09.04.2018
Test (about 30 minutes)
Q&A session
Execution of justice (procedure issues):
" Rights of victims
" Rights of offenders
" Collection of evidence
" Cooperation between states
Week 9 - 16.04.2018
The impact of national and international tribunals on reconciliation within societies:
o Nuremberg and Tokyo and WWII national trials legacy
o Case study on crimes committed during Warsaw Uprising 1944
Week 10 - 23.04.2018
The impact of national and international tribunals on reconciliation within societies:
" Cambodia
Week 11 - 30.04.2018
Classes cancelled due to the decision of the Dean (re-scheduled to 10.05.2018)
Week 12 - 07.05.2018 and 10.05.2018
7.05.2018 Truth commissions:
" South Africa
" Guatemala
Additional Classes on 10.05.2018 at. 9.45 in room 010 (Grey Villa, Collegium Iuridicum IV, Wybrzeże Kościuszkowskie 47)
The impact of national and international tribunals on reconciliation within societies:
UKRAINE (STUDENTS' REPLIES TO THE QUESTIONS DISTRIBUTED EARLIER)
Week 13 - 14.05.2018
Amnesties:
" Sierra Leone
Week 14 -21.05.2018
Lustration process:
(Eastern Europe)
" Poland
" Germany
" Czech Republic
Week 15 -28.05.2018
Reparations
Week 16 -4.06.2018
Evaluation
Type of course
Mode
Learning outcomes
After finishing the course, a student:
Knowledge:
• Has a thorough knowledge of the main institutions of international system of justice, describes principles of their functioning and analyses their legal basis.
• Has a critical understanding of the various models of reconciliation in post-conflict societies, including threats and opportunities related to them, and their possible impact on the needs and rights of crisis-affected people.
Skills:
• Has proven to be able to identify and critically analyse problems associated with the execution of justice in the cases of violation of international obligations, and formulate adequate recommendations for response.
• Has the ability to solve the legal case studies concerning the liability of both the individuals and the state and non-state actors with a clear application of humanitarian standards and principles as well as respect for the needs of crisis-affected people.
Social competences:
• Has shown to be able to transfer acquired knowledge to real life situations, in particular in a form of largely self-directed short research project.
• Compares different models of justice and their impact on reconciliation, is able to critically assess their results within a given society, formulates opinions on models of reconciliation with reference to lessons learned in other countries.
Assessment criteria
30 % - Activeness
70 % - one written tests (open and closed questions)
Bibliography
Students will be provided with detailed bibliography a week in advance for each lecture. All literature which students are requested to read in order to prepare for the course will be put in the Blackboard.
In addition, The students are recommended to use any International Criminal Law Handbook which they find suitable for them. You can choose e.g. from:
• I. Bantekas, S. Nash, International criminal law.
• M. Ch. Bassiouni, International criminal law.
• K. Kittichaisaree, International criminal law.
• W. Schabas, An Introduction to International Criminal Court
• W. Schabas, Routledge Handbook of International Criminal Law
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: