Formation/Cours

At the end of this course, students will be able to

– Discuss at least two different legal approaches to international litigation by domestic courts

– Analyse the different stages of the practice of international litigation before the International Court of Justice and the International Criminal Court

– Give and apply feedback on a draft research paper

Seminar 1

Duration : 3 hours

(first part : theory, second part : practice in sub-groups on the basis of a problem)

-Introduction to the module, allocation of roles for the final presentation and the assignment

– Instruction on international litigation : the proceedings before the International Court of Justice

– Instruction on the impact of the practice of international litigation to national proceedings : the decisions of the ICJ before national courts

– Problem session :

– Mapping the stages of the judicial process of the ICJ

– Discussion on Avena (Mexico v. USA) and Jurisdictional Immunities (Germany v. Italy)

Introduction of the assignment and separation of the students into ICJ and ICC groups.

Each member of a group will have to:

1) write individually a case note analysing the allocated judgment and discussing the inter-action of international jurisprudence and national proceedings;

2) act as an opponent to another student’s paper and give him/her feedback on the draft.

The final individual product is one word file containing two parts.

Part 1 is the case note of 2,000 words maximum, excluding footnotes.

Part 2 is an annex of 1000 words max. reflecting on the feedback received and whether it was accepted and if so, how it was implemented.

The citation style is OSCOLA.

Fonts etc : Arial 11, spacing 1 ½, margins justified, language US or UK English.

Deadline: 14 February 2024, 23.59

Seminar 2

Duration : 3 hours

(first part : theory, second part : practice in sub-groups on the basis of a problem)

-Discussion on the allocation of roles and Q&A over final assessment

– Instruction on international litigation : the proceedings before the International Criminal Court

– Instruction on the impact of the practice of international litigation to national proceedings : the decisions of the ICC before national courts compared to the ICTY

– Problem session :

– Mapping the stages of the judicial process of the ICC

– Discussion on Prosecutor v Al Bashir – the Jordan Appeal on Non-Cooperation and the Ghaddafi Amnesty Appeal on Admissibility

Seminar 3

Duration : 3 hours

First part

-Presentations (20’ per student)

-Critical opposition/feedback (10’ per opponent) and discussion

Closing of the module and instruction for the final submission of the assignment

The students will present their final draft assignment and their research findings.

They will receive feedback on their work from their opponent and the group.

They will then finalise their assignment and submit it online by Sunday 9 February 2025, 23.59 hours.

In the final submission the students will need to include an annex, explaining what was the feedback they received and how they treated the feedback they received (i.e. did they incorporate it ? reject it ? why/why not ? etc).