This course will be taught by two current federal prosecutors who handle international criminal investigations. One leads the Department of Justice’s charge for war crimes accountability in Ukraine and the other leads a task force whose aim is to disrupt and dismantle global human smuggling and trafficking organizations. In this course, students will examine the development of international criminal law and the various models of accountability for atrocity crimes (e.g., war crimes, crimes against humanity, the crime of aggression, genocide, torture) that have been utilized or that could be developed concerning criminal accountability processes. This will include the political and policy context in which these mechanisms are created and operate; the elements, theories of criminal liability, procedural and evidentiary requirements and required mental state of these crimes; and the jurisprudence that has developed in the various institutions. Although the focus will be on those institutions established since the 1990’s, which represent the modern era of international criminal justice, students will also study the origins of international criminal law, beginning with the immediate post-World War II era and the Nuremberg trials from which much of the modern international law regime developed. Students will also explore the development of new frontiers in international criminal law, using current and recent armed conflicts as discussion platforms or case studies. Novel areas of international criminal law and institutions, such as the establishment of a special tribunal for the crime of aggression (concerning Russia’s full-scale invasion of Ukraine) will be addressed, as will key developmental phases in international criminal law associated with recent armed conflicts. Additional novel areas of international criminal law relating to atrocity crimes will also be explored as an overview (e.g., ecocide, cyber warfare, cultural property crimes, particularly as a method of cultural genocide). Finally, students will, at various points, view international criminal law through a comparative lens between international institutions and international legal frameworks and U.S. domestic criminal law (e.g., differences such as those involving evidence/admissibility, liability theories, charging mechanisms, rights of the accused, mens rea, etc.). In addition to the classroom instruction and discussion, students will have various projects and presentations, including for example, drafting proposals establishing an institution to address the crime of aggression and the pros and cons associated with different models. At the conclusion of the course, students should have a solid understanding of what is required to allege and prove atrocity crimes, the international humanitarian law framework that forms the basis of many of these crimes, and the various systems of international, hybrid, and other judicial mechanisms that have been employed to provide accountability for atrocity crimes.

Additional Information:
Credit Hours: 3
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: No
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Final Exam Given: No
Paper Or In-Class Presentation: Yes, see course description
Attendance Policy: Per Statement Of Student Policies
Teaching Method: In Person

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.