International Criminal Law

2 credits / 6 weeks weeks
16 Jan 2023 - 24 Feb 2023

Professor Nobuo Hayashi

Gross violations of human rights, including war crimes, crimes against humanity and genocide have characterized several contemporary conflicts and authoritarian regimes. In such contexts, questions of impunity and accountability become central to peacebuilding and reconstruction of post-conflict societies. Yet, criminal prosecution of persecutors poses challenges for post-conflict reconciliation, particularly when such reconciliation is contingent upon demands for amnesty. This course takes a holistic view on the debates surrounding linkages between serious crimes and justice. It provides a general introduction to the field of international criminal law. It focuses on the evolution of international crimes under international law and the role of international criminal courts in the prosecution of international crimes. Students will analyze the jurisdictional reach of international criminal courts, their relationship with national jurisdictions (primacy v. complementarity) and the impact of the interests of justice and peace in the exercise of their jurisdiction. Students will also explore the objective and subjective elements of genocide, crimes against humanity and war crimes. Particular attention will be placed on those elements of international crimes that make them distinguishable from ordinary crimes, and on the manner in which criminal responsibility is determined by international criminal courts.

Nobuo Hayashi

Nobuo Hayashi is an Associate Senior Lecturer at the Centre for International and Operational Law, Swedish Defence University. He also holds visiting professorships at the UN-mandated University for Peace (San José, Costa Rica) and the UN Interregional Crime and Justice Research Institute (Turin, Italy). He specialises in international humanitarian law, international criminal law, jus ad bellum and international weapons law. He has over twenty years of experience performing advanced research, providing expert advice, teaching postgraduate students and training senior professionals in these areas. HIs work has been cited in international war crimes trials and diplomatic negotiations. His latest monograph, Military Necessity: The Art, Morality and Law of War, was published from Cambridge University Press in 2020.

Major positions held: Senior Legal Advisor, International Law and Policy Institute (Oslo, Norway); Visiting Professor, International University of Japan (Niigata, Japan); Researcher, Peace Research Institute Oslo; and Legal Officer, Office of the Prosecutor, International Criminal Tribunal for the Former Yugoslavia (The Hague, Netherlands). Degrees earned: PhD (Leiden), LLM (Cantab.), DÉS (Graduate Institute/Geneva), BSFS (Georgetown).

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