LAW 326 International Criminal LawMEF UniversityDegree Programs LawGeneral Information For StudentsDiploma SupplementErasmus Policy Statement
Law
Bachelor Length of the Programme: 4 Number of Credits: 240 TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF: Level 6

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute Faculty of Law
Course Code LAW 326
Course Title in English International Criminal Law
Course Title in Turkish Uluslararası Ceza Hukuku
Language of Instruction EN
Type of Course Flipped Classroom
Level of Course Seçiniz
Semester Spring,Fall
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 110 hours per semester
Number of Credits 4 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions None
Overall Educational Objective Dersin amacı öğrencilere temel bilgileri, uluslararası deniz ceza hukukunun kaynaklarıyla birlikte gelişimi, temel prensipleri kazandırmaktır. Ayrıca ders, öğrencilerin aşağıdaki becerilere sahip olmalarını sağlamayı amaçlamaktadır: Değerlendirme yapma ve bilgilerini belirli vakalara uygulama becerisi.
Course Description International law has traditionally applied to States and not to individuals. Under classical international law, whenever a person committed a crime, he or she was punished by his or her State, and where a crime was committed against a person abroad, his or her State took up the case on his or her behalf before international tribunals. However, following the atrocities of the First and Second World Wars, International criminal law became applicable to individuals. Individuals, no matter how highly placed, are today held liable for crimes committed against their own citizens or foreigners living among them. International criminal law course governs individual criminal responsibility, or liability, for international crimes, as opposed to State liability for crimes. International law has traditionally applied to States and not to individuals.
Course Description in Turkish Uluslararası hukuk geleneksel olarak bireylere değil, Devletlere uygulanır. Klasik uluslararası hukuka göre, bir kişi bir suç işlediğinde, kendi Devleti tarafından cezalandırılır ve yurtdışındaki bir kişiye karşı bir suç işlendiğinde, bu kişinin Devleti, davayı onun adına uluslararası mahkemeler önünde üstlenir. Ancak Birinci ve İkinci Dünya Savaşları'ndaki vahşetlerin ardından, uluslararası ceza hukuku bireylere de uygulanabilir hale geldi. Günümüzde bireyler, ne kadar yüksek konumda olursa olsun, kendi vatandaşlarına veya aralarında yaşayan yabancılara karşı işlenen suçlardan sorumlu tutulmaktadır. Uluslararası ceza hukuku dersi, devletin suçlara ilişkin sorumluluğunun aksine, uluslararası suçlara ilişkin bireysel cezai sorumluluğu veya sorumluluğu yönetir. Uluslararası hukuk geleneksel olarak bireylere değil, Devletlere uygulanır.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Learn about the development of international criminal law
2) Understand the general principles of international criminal law
3) Recognize the specific international crimes and determine their elements
4) Understand the implementation of international criminal law in practical situations
5) Analyse the functioning and effects of international criminal courts
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4 5
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods.
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments.
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions.
4) The ability to internalize social, scientific and ethical values while evaluating legal information.
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions.
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions.
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice.
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector).
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License.
10) Adoption of a positive approach to the concept of lifelong learning.
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods.
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof.

Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. N
2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. N
3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. N
4) The ability to internalize social, scientific and ethical values while evaluating legal information. N
5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. H Exam
6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. N
7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. H Exam
8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). N
9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. S Exam
10) Adoption of a positive approach to the concept of lifelong learning. N
11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. S Exam
12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. H Exam
Prepared by and Date BİLGE ERSON ASAR , January 2024
Course Coordinator RAĞIP BARIŞ ERMAN
Semester Spring,Fall
Name of Instructor Asst. Prof. Dr. RAĞIP BARIŞ ERMAN

Course Contents

Week Subject
1) The scope, sources, objectives and principles of the international criminal law and its relationship with other branches of law
2) General Principles Governing International Trials
3) The ad hoc International Criminal Tribunals
3) The History of International Criminal Prosecutions: Nuremberg and Tokyo
4) Other Courts with International Elements and Alternatives and Complements to Criminal Prosecution
5) International Criminal Court
6) International Criminal Court
7) Case Study
8) Elements of International Crimes
9) Genocide and Crimes Against Humanity
10) War Crimes and Aggression
11) Transitional Crimes, Terrorism and Torture
12) General Principles of Liability
13) Defences/Grounds for Excluding Criminal Responsibility
14) Immunities
Required/Recommended Readings-Antonio Cassese, Paola Gaeta, Cassese’s International Criminal Law, Oxford University Press, 3rd Ed. 2008 -Robert Cryer, Darryl Robinson, Sergey Vasiliev, An Introduction to International Criminal Law and Procedure, Cambridge University Press 4th Edition 2019 **Weekly readings will also be uploaded to Blackboard.
Teaching MethodsFlipped classroom, Tutoring, case-law dicussions, presentation
Homework and ProjectsNone
Laboratory WorkNone
Computer UseNone
Other ActivitiesNone
Assessment Methods
Assessment Tools Count Weight
Project 1 % 40
Final Examination 1 % 60
TOTAL % 100
Course Administration ersonb@mef.edu.tr

Office : 5th Floor No.537 E-mail: ersonb@mef.edu.tr Office hours: Tuesday/Wednesday: 13:00-14:00. To schedule an appointment outside of these hours, please send an email to request a meeting.

ECTS Student Workload Estimation

Activity No/Weeks Hours Calculation
No/Weeks per Semester Preparing for the Activity Spent in the Activity Itself Completing the Activity Requirements
Course Hours 14 1 2 2 70
Project 1 1 1 2
Midterm(s) 2 8 2 20
Final Examination 1 16 2 18
Total Workload 110
Total Workload/25 4.4
ECTS 4