PROCEDURES BEFORE ICC AND OTHER INTERNATIONAL JURISDICTIONAL INSTITUTIONS

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Fabricio Guariglia, Director of the Prosecutions Division of the ICC.

Merixell Regué.

TEACHING PERIOD

21st of January 2019 to 22nd of April 2019. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (15th of April 2019).

PROGRAM

  1. Admissibility and Investigation of Crimes.
  2. Procedural subjects (Defense, Prosecution, Victims, Tribunal).
  3. Construction of Proof / Criminal case (Prosecutor and Defense).
  4. Control of the accusation.
  5. Oral Trial and Probative Stage: Presentation / Practice of the proof.
  6. Special procedures.
  7. Protection of witnesses and victims Intervention of third parties.
  8. Sentence and means of contestation.
  9. Reparations of the victims.
CONTENTS
DEONTOLOGY AND ELEMENTS OF PRACTICE

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Estéban Peralta. Chief, Counsel Support Section at the International Criminal Court.

OTHER PROFESSORS

Dra. Dignite Bwiza, Defence Team, Charles Blé Goudé & Kisangani Bar Association (DR Congo) & Witwatersrand University, International Criminal Court, Brussels Bar Association.

Sr. Daniel Rezene Mekonnen, Lawyer, President of the Bar Association of Eritrea (in exile).

TEACHING PERIOD

21st of January 2019 to 22nd of April 2019. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (15th of April 2019).

PROGRAM

  1. Exercising before the ICC: lists, form of access and operation.
  2. Support of the lawyer in the ICC: List of attendees, list of professional lawyers, the office of defense support.
  3. Obligations, prohibited behaviors in the ICC and comparison with other courts.
  4. Disciplinary procedure in the ICC (active legitimation, presentation of complaints in instruction, oral phase, decision, sanctions and remedies).
  5. The practice of field research/investigation.
  6. Resources for research in International Criminal Justice.
  7. Resources for the divulgation of the International Criminal Justice.
  8. The role of NGOs.
  9. Notions of legal translation (I).
  10. Notions of legal translation (II).
CONTENTS
ANALYSIS OF CASES, STUDY OF THE INTERNATIONAL CRIMINAL JURISPRUDENCE

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Jaume Antich Soler, Abogado ICAB, ICAB Lawyer, Dr. in Criminal Law and member of the ICB.

Dra. Paramonova Svetlana Leonidovna, Professor of Comparative Criminal Law. Free University of Brussels.

Dignite Bwiza, Defence Team, Charles Blé Goudé & Kisangani Bar Association (DR Congo) & Witwatersrand University, International Criminal Court, Brussels Bar Association.

OTHER PROFESSORS

Sr. Blas J. Imbroda Ortiz, President of the ICB, Professor of Law at the University of Granada and Dean of the Illustrious Bar Association of Melilla.

TEACHING PERIOD

21st of January 2019 to 22nd of April 2019. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (15th of April 2019).

PROGRAM

  1. The importance of jurisprudence as a source of International Criminal Law (concept, social and legal impact, relations with other sources of International Criminal Law, jurisprudence as a source of International Criminal Law itself).
  2. The method of analysis (the different forms of analysis between continental law and case law, and explanation of the "template" with the items to follow in the analysis of cases).
  3. First practice on the Nuremberg Proceedings.
  4. Sentence of the International Criminal Tribunal for the Former Yugoslavia / Rwanda.
  5. Sentence of the Special Court for Sierra Leone / Lebanon.
  6. Sentence of the International Criminal Court (I).
  7. Sentence of the International Criminal Court (II).
  8. Sentence of the International Criminal Court (III).
  9. Sentence of the European Court of Human Rights.
  10. Sentence of the Inter-American Court of Human Rights.
CONTENTS
MATERIAL INTERNATIONAL CRIMINAL LAW (GENERAL PART AND SPECIAL PART)

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Pierre Alexandre Kopp, Professor at Université Panthéon-Sorbonne, Visiting Professor at EHESE of Moscow. Lawyer at the Bar of Paris.

OTHER PROFESSORS

Dra. Paramonova Svetlana Leonidovna, Professor of Comparative Criminal Law. Free University of Brussels).

Dignite Bwiza, Defence Team, Charles Blé Goudé & Kisangani Bar Association (DR Congo) & Witwatersrand University, International Criminal Court, Brussels Bar Association.

Dr. Jaume Antich Soler, ICAB Lawyer, Dr. in Criminal Law and member of the ICB.

TEACHING PERIOD

17th of September 2018 to 17th of December 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (10 of December).

PROGRAM

A)  General Part: Principles.
  1. Nullum crimen nulla pena sine previa lege, and Irretroactivity.
  2. Forms of punishable Authorship and participation.
  3. Inadmissibility of an official position, Responsibility of the superior and Orders of the superiors (Due Obedience)
  4. Non-applicability.
  5. Elements of intentionality (deceit) - Mental elements.
  6. Causes of exclusion of criminal responsibility, Error of fact and of Law (type of prohibition error).
B) Special Part. Types and subtypes before the ICC.
  1. Genocide
  2. Aggression
  3. War Crimes
  4. Crimes against Humanity.
CONTENTS
THE INTERNATIONAL CRIMINAL COURT AND OTHER INTERNATIONAL JUDICIAL INSTITUTIONS

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Alejandro Kiss.

OTHER PROFESSORS

Sr. Blas J. Imbroda Ortiz, President of the ICB, Professor of Law at the University of Granada and Dean of the Illustrious Bar Association of Melilla.

Dr. Esteban Peralta Losilla. Chief, Counsel Support Section at the International Criminal Court.

TEACHING PERIOD

17th of September 2018 to 17th of December 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (10 of December).

PROGRAM

  1. Genesis. Creation process. Background, process and principles of Nuremberg, and Tokyo.
  2. Ad hoc Tribunals (Tribunal for the Former Yugoslavia and for Rwanda).
  3. Hybrid model, Tribunal for Sierra Leone, Cambodia, Lebanon, Kosovo (regional).
  4. Statute of the International Criminal Court: Nature and content.
  5. The mechanism for the reform of the Court.
  6. Institutional architecture: secretary, prosecutor's office, chambers, assembly of States, Defense of victims, trust funds for victims, presidency.
  7. Active legitimization of the procedure
  8. The material jurisdiction of the Court.
CONTENTS
INVESTIGATION AND PROSECUTION OF INTERNATIONAL CRIMES BY THE STATES

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Antoni Pigrau Solé, Professor of Public International Law at the Rovira i Virgili University (URV).

OTHER PROFESSORS

Dra. Paramonova Svetlana Leonidovna, Professor of Comparative Criminal Law. Free University of Brussels).

Dignite Bwiza.

TEACHING PERIOD

17th of September 2018 to 17th of December 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (10 of December).

PROGRAM

  1. The principle of Universal Justice.
  2. The Audere et iudicare duty.
  3. Other possible legal foundations (criteria of competence and admissibility: active and passive, territorial, material and temporary).
  4. Reception and internal adaptation of international crimes.
  5. Other positive duties (cooperation and collaboration).
  6. Mechanisms for judicial cooperation and extradition.
  7. State immunity (Congo against Belgium).
  8. Systems of community justice and international crimes (Gacaca...); and Systems of internal justice (Germany post Nuremberg, Eichmann Process in Israel...).
  9. State agreements and competence of the ICC. 
  10. The relations of the State with other international jurisdictional bodies.

CONTENTS

INTERNATIONAL HUMANITANIAL LAW

PROFESSOR IN CHARGE OF THE SUBJECT

Mrs. Erika Torregrossa Acuña. Associated Proffessor of Criminal Law at Universitat de Barcelona, Secretary General of the ICB, lawyer.

OTHER PROFESSORS

Centro de Derecho Internacional Humanitario de Cruz Roja Española. (Center for International Humanitarian Law of the Spanish Red Cross)

Dr. Luz Elena Mira Olano. Doctora en Ciencias Jurídicas, Magister en Derechos Humanos, Democracia y Derecho Internacional; Especialista en Derecho Penal; Decana de la Facultad de Derecho y Ciencias Forenses del Tecnológico de Antioquia Institución Universitaria; Docente Universitaria e Investigadora.

TEACHING PERIOD

16th April 2018 to 16th July 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (9 of July).

PROGRAM

  1. Genesis of the regulation of Ius ad Bellum/Ius in Bello.
  2. Interaction between the International Law of Human Rights and International Humanitarian Law.
  3. Sources of International Humanitarian Law.
  4. Subjects and Parties in the International Humanitarian Law.
  5. Classification of conflicts: No international, International, Internationalization, 3rd generation ...
  6. Principles and prohibitions.
  7. Means and methods of war.
  8. Compliance, application, monitoring and control
  9. Gender and International Humanitarian Law.
  10. Unfulfilment/Non-compliance of the International Humanitarian Law as an international crime.
CONTENTS
INTERNATIONAL PROTECTION OF HUMAN RIGHTS

PROFESSOR IN CHARGE OF THE SUBJECT

Dra. Luz Elena Mira Olano, Doctora en Ciencias Jurídicas, Magister en Derechos Humanos, Democracia y Derecho Internacional; Especialista en Derecho Penal; Decana de la Facultad de Derecho y Ciencias Forenses del Tecnológico de Antioquia Institución Universitaria; Docente Universitaria e Investigadora.

OTHER PROFESSORS

Dr. Santiago Castellà Surribas, Professor of International Public Law and International Relations of the Rovira i Virgili University.

TEACHING PERIOD

16th April 2018 to 16th July 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (9 of July).

PROGRAM

  1. Background and foundations of the international protection of Human Rights: History of the international protection of human rights.
  2. Sources of International Law of Human Rights and the evolution and progressive interpretation of the protection of human rights.
  3. International Responsibility of the States with regard to the protection of human rights: Criteria of State responsibility for international illicit acts; Theories on the responsibility of States for third party acts and Case analysis.
  4. International Systems for the Protection of Human Rights: Universal System: ONU.
  5. Regional Systems for the International Protection of Human Rights: Europe, America and Africa.
  6. International Mechanisms for the Protection of Human Rights (I): Conventional mechanisms.
  7. International Mechanisms for the Protection of Human Rights (II): extra-conventional mechanisms in the universal system.
  8. International Mechanisms for the Protection of Human Rights (III): Individual petitions system before the regional systems.
  9. Procedure before the international systems for the protection of Human Rights: Criteria of competence and admissibility before the committees of the ONU, before the regional systems, the preliminary procedure and in-depth analysis to establish the international responsibility of the States.
  10. Integral Reparation for victims of human rights violations: Measures of satisfaction, restitution measures, rehabilitation measures, compensation measures and guarantees of non-repetition.
CONTENTS
INTRODUCTION TO THE INTERNATIONAL SOCIETY, INTERNATIONAL LAW AND INTERNATIONAL RELATIONS

PROFESSOR IN CHARGE OF THE SUBJECT

Dr. Santiago Castellà Surribas, Professor of International Public Law and International Relations of the Rovira i Virgili University.

OTHER PROFESSORS

Dr. Luis Ojeda Ruiz, Investigator, Colaborator of the Université du Luxembourg.

TEACHING PERIOD

16th April 2018 to 16th July 2018. 1 week of presentation, 10 weeks of consecutive teaching and 1 final week of evaluation/retrieval with a previous week off.

EVALUATION

5 evaluative tests with a load of 20% on the final grade. There is no final test. Delivery of suspended or non-delivered works: last week (9 of July).

PROGRAM

  1. The International Society and International Relations: historical evolution. Characteristics and principles of the Contemporary International Society.
  2. Sources of International Law: with special reference to the international customs.
  3. Law of Treaties.
  4. Criterions for the attribution of international subjectivity.
  5. The State as an international subject, with special reference to competences of the State.
  6. The International Organizations, with special reference to Law and the responsibilities of the International Organizations.
  7. The reception of international Law by the internal legal systems.
  8. Application of International Law: The International responsibility of the State.
  9. Application of International Law: follow-up/monitoring, control and coercion measures.
  10. Fractures and conflicts in the International Global Society.
CONTENTS

IMPARTITION OF SUBJECTS

Each subject will be taught in 12 weeks: the first one of presentation, 10 of teaching activity, and the last one of final evaluation. The courses will be arranged in 10 subjects. Each subject will be worked for a week.

Continuous evaluation: Each subject will have 5 evaluative tests (every two weeks), all of them with the same weight in the final grade (if there is no final test, each of the 5 evaluative tests would have a weight of 20% of the final grade).

Each subject will have a final evaluation test that cannot have a weight higher than 50% of the final grade.

PRESENTIAL STAGE / ON-SITE WORK

Two weeks of 'stage' (work practices) in Tarragona to give a final and joint reading of all the subjects and work on an intensive case study. This includes a visit to the International Court of Justice and other international institutions in The Hague.

The registration includes the contents but not the travel or accommodation expenses.

Exceptionally, and for the consideration of the Academic Committee, this period will be validated by accredited comparable activities.

FINAL DEGREE WORK

At the beginning of the second semester (September 2018) all students must present a proposal of topic and a research scheme to their tutors according with the instructions provided.

Each student will be assigned a tutor for the direction of their research work.

This work will be about an unprecedented or very little worked subject, it will have an extension of more than 60 pages and it will be adapted to the structure and citation norms of the university research works.

MATERIAL SCOPE

The idea is to have a Master focused (and which has as a guiding thread) in the International Criminal Court, use training to able students to exercise in/and before the International Criminal Court and to use the national mechanisms of International Criminal Justice. It will open the possibility of doing internships (optional) in different international institutions related to the themes of the Master.

CALENDAR

 

MATERIAL STRUCTURE

The structure of the Master consist in 9 courses divided in three blocks plus a final Project. A Master’s Degree needs to have a minimum of 60 credits. Those would be as follows.

TFM
Final Project
10 ECTS
Internships
On-site practices
5 ECTS
I.-Fundamentals of Universal Justice
Introduction to the International Society, International Law and International Relations
5 ECTS
International Protection of Human Rights
5 ECTS
International Humanitarian Law
5 ECTS
II.- Theoretical Framework of the Criminal Justice
Bases and fundamentals of Universal Justice
 
The ICC and other international jurisdictional institutions
5 ECTS
Material International Criminal Law
5 ECTS
III.-International Procedural Practice
Procedures before ICC and other international jurisdictional institutions
5 ECTS
Jurisprudence of the ICC and other international jurisdictional institutions
5 ECTS
Legal Deontology and practice before the ICC and other jurisdictional institutions
5 ECTS
MASTER
Total ECTS
60 ECTS