Professor Eugene Cerruti
The
rapidly unfolding global campaign to punish and deter violations of the
most fundamental human rights – and to bring to an end the
long-standing impunity enjoyed by the most egregious violators of such
rights – has led to the emergence of the new field of international
criminal law. This field includes ground-breaking developments in both
substantive and procedural criminal law. This course will examine the
substantive crimes and theories of culpability that are now at the core of
international criminal law. It will also review the major and diverse
developments that represent the unique procedural developments required to
facilitate prosecution of these international crimes. The course will
begin with a brief introduction to the pertinent aspects of traditional
international law and terminology which underscore these new developments.
It will then review the modern expansion, both domestically and
internationally, of the jurisdiction to prosecute such crimes. The crimes
covered will include war crimes, crimes against humanity, genocide,
torture and terrorism – as well as some of the major defenses to
these crimes. International jurisdiction and procedural law will be
covered by examination of the diverse means of prosecution now available:
domestic courts, military tribunals, war crime tribunals and the new
International Criminal Court. Guest speakers will be invited to share
their experiences and perspective on this new field. There will be a
final exam.