One of the most significant developments in international law and international relations during the past quarter century has been the emergence of a new international legal order based on a robust concept of international criminal justice. With the establishment of a number of international and hybrid national-international criminal courts to try those accused of genocide, crimes against humanity, and other violations of international law, the international community has demonstrated a commitment to ensuring accountability and upholding the rule of law. At the same time, when and how international criminal law is enforced, the role of international justice in relation to ongoing conflicts and post-conflict societies, and the future of international criminal justice, remain the subject of intense debate. This course will provide a personal and historical perspective on the rise of international criminal justice from one of the American judges on the International Criminal Tribunals for the former Yugoslavia and Rwanda, Judge Theodor Meron, as well as an overview of a number of discrete topics in international criminal law and justice, including the bodies of law applied in international criminal tribunals, the challenges involved in creating a functioning and effective international criminal justice system, and key developments in international criminal law. The focus of the course will be on the work of the first two international criminal courts of the modern era, the tribunals for the former Yugoslavia and for Rwanda and their successor, the International Residual Mechanism for Criminal Tribunals, and less on the permanent International Criminal Court, because its jurisprudence is still somewhat limited. The course will focus on judging atrocity crimes, that is the crime of genocide, crimes against humanity and war crimes. It will illuminate subjects such as fairness in international criminal proceedings, judicial independence and impartiality, rule of law and integrity of international judicial process.
