International criminal law 2TC
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HANOI LAW UNIVERSITY
FACULTY OF CRIMINAL LAW
(FOR HLU INTERNAL USE ONLY)
HÀ NỘI - 2022
0
FACULTY OF CRIMINAL LAW
CRIMINAL LAW DIVISION
Program:
Bachelor of Laws (High quality training)
Course title:
International Criminal Law
Number of credits:
02
Type of the course:
Optional
1. INFORMATION OF LECTURERS
1. Dr. Pham Tai Tue - Head of Criminal Law Division, Hanoi Law
University
Tel: 0917942888
E-mail:
2. Assoc.Pro.Dr. Cao Thi Oanh - Dean of Criminal Law Department,
Hanoi Law University
E-mail:
3. Dr. Vu Hai Anh - Vice Dean of Criminal Law Department, Hanoi Law
University
E-mail:
4. Dr. Nguyen Toan Thang - General Director of Comparative Law
Institute, Hanoi Law University
Email:
5. Dr. Nguyen Van Oanh – Senior Lecturer and Researcher Faculty of
Criminal Police, People’s Police Academy
Email:
6. LLM. La Minh Trang – Lecturer of Public International Law Division,
Hanoi Law University
Email:
7. LLM. Luu Hai Yen - Lecturer of Criminal Law Division, Hanoi Law
University
Email:
8. LLM. Le Thi Diem Hang - Lecturer of Criminal Law Division, Hanoi
1
Law University
Email:
9. LLM. Dao Phuong Thanh - Lecturer of Criminal Law Division, Hanoi
Law University
Email:
Office
Division of Criminal Law
Room No.311, Building A, Hanoi Law University
No. 87 Nguyen Chi Thanh Street, Dong Da District, Hanoi.
Working hour(s): 7h30 - 17h00 working days (except Saturday, Sunday or
holidays)
2. PREREQUISITE COURSES
- Criminal Law of Viet Nam;
- Criminal Procedure Law of Viet Nam
3. SUMMARY OF THE COURSE
This current course provides students an overview of International
Criminal law and some specialties thereof. International Criminal law
consists of the principles and norms of international criminal law, the
International Criminal Court, International Crime, Transnational Crime and
Transnational Organized Crime.
Accordingly, the course considers the sources of international criminal
law. Students will learn how and why international criminal law is created,
and how it is implemented internationally and nationally. It will provides
many of information about criminal organizations from the various regions
of the world.
4. CONTENT OF THE COURSE
Issue 1. Introduction to International Criminal Law
1.1.
Concept of international criminal law
1.2.
History of international criminal law
1.3.
Principles and norms of international criminal law
1.4.
Sources of international criminal law
2
Issue 2. The International Criminal Court
2.1. The Establishment of International Criminal Court
2.2. The Jurisdiction of International Criminal Court
2.3. The Composition of International Criminal Court
2.4. Principles of the International Criminal Court
Issue 3: Transnational Crime
3.1. Drug Trafficking
3.2. Cybercrime
3.3. Money Laundering
3.4. Terrorism
Issue 4. International Crime
4.1. Genocide
4.2. Crimes against humanity
4.3. War crimes
4.4. Crimes of aggression
Issue 5. Transnational Organized Crime
5.1. Organized Crime
5.2. Russian Organized Crime
5.3. Asia Organized Crime
5.4. The Italian Mafia
5. OUTPUT STANDARDS OF THE COURSE AND MEET THE
OUTPUT STANDARDS OF THE TRAINING PROGRAM
5.1. The Course Learning Outcomes (CLOs)
a. Knowledges:
- K1: Understand the nature and scope of international criminal law;
- K2: Know the sources of international criminal law, and the modern
developments therein;
- K3: Recognize the issues relating to International Criminal Court;
- K4: Recognize the issues relating to International Crime;
- K5: Recognize the issues relating to Transnational Crime;
- K6: Recognize the issues relating to Transnational Organized Crime.
b. Skills:
- S7. Form and develop skills to synthesize, compare, analyze, evaluate and
build arguments to solve specific situations of international criminal law;
- S8. Proficient in the ability to collect and process information, use
3
modern means to access international electronic information and
documents.
c. Self-control ability and self-responsibility:
- T9. Forming initiative in research, supplementing and consolidating
awareness on international criminal issues in the context of integration;
- T10. Actively apply learned knowledge in analyzing and solving
integration problems of Vietnam;
5.2. The matrix demonstrating the compatibility of the CLOs with the
TPLOs
CLOs
K1
K2
K3
K4
K5
K6
S7
S8
T9
T10
Knowledge
standards of
traning program
K10
K11
Skill standards of
traning program
Attitude standards of
traning program
S16 S17 S18 S19 T29 T30 T31 T32
6. LEARNING OBJECTIVES
6.1. Detailed learning objectives
Objective
Issue
1.
Introduction
to
International
Criminal law
Level 1
Level 2
Level 3
1A1. Remember
the concept of
international
criminal law.
1A2. Define the
roles
of
1B1. Analyze the
concept
international
criminal law
1B2. Compare
the roles of
1C1.
Give
commentary on
the concept of
international
criminal law in
two approaches.
4
2. The
International
Criminal
Court
5
international
criminal law.
1A3.
Indentify
sources
of
international
criminal law.
1A4. Remember
the definitions of
international
“core” crimes and
transnational
crimes.
1A5. Understand
the
basis
priniciples
of
international
criminal law in
Article 23 to 27 of
the Rome Statute.
1A6. Describe the
differences
of
various
international
criminal courts.
international
criminal law and
national criminal
law.
1B3. Distinguish
the sources of
international
criminal law.
1B4.
Distingguish
international
"core"
crimes
and transnational
crimes.
1B5. Distinguish
principles
and
norms
of
international
criminal
law
stated in the
Rome Statute.
2A1. Understand
the history of
establishment of
the International
Criminal
Court,
the jurisdiction and
the composition of
the International
2B1. Analyze the
procedure of the
International
Criminal Court.
2B2.Analyze the
similarities and
differences
between
the
1C2. Evaluate
the roles of
international
criminal law in
theory
and
practical.
1C3. Evaluate
the
compatibility
between
international
criminal
law
and
national
criminal law.
1C4. Evaluate
the vital of
establishment of
the international
criminal law.
1C5.
Give
commentary on
the roles of the
international
criminal law in
the protection of
international
justice.
3C1. Evaluate
the jurisdiction
of
the
International
Criminal Court
and
national
criminal court.
3C2. Evaluate
3.
Transnational
Crime
4.
International
Crime
Criminal Court in
the Rome Statute.
2A2. Define the
principles of
International
Criminal Court in
the Rome Statute.
3A1. Understand
the characteristics
of transnational
crimes namely
drug trafficking,
cybercrime, money
laundering,
terrorism.
3A2. Understand
the serious level of
these transnational
crimes.
3A3. Define the
types of cooperate
between nations in
preventing
transnational
crimes.
4A1. Remember
termnology of all
the
types
of
international
crimes.
4A2. Define the
characteristics of
genocide.
4A3. Define the
characteristics of
International
Criminal Court
and
other
international
criminal courts.
the composition
of
the
International
Criminal Court
and
national
criminal court.
3B1. Analyze the
concept
of
transnational
crimes.
3B2. Analyze the
characteristics of
drug trafficking.
3B3. Analyze the
characteristics of
cybercrime.
3B4. Analyze the
characteristics of
money
laundering.
3B5. Analyze the
characteristics of
terrorism.
3C1. Evaluate
the compliance
of Vietnamese
criminal law in
compare with the
standard
of
transnational
crimes.
3C2. Evaluate
the importance
of cooperate and
legal assistance
in
preventing
transnational
crimes.
4B1.Distinguish
genocide
and
crime
against
humanity.
4B2.Distinguish
crime
against
humanity
and
war crime.
4B3.Distinguish
war crime and
4C1. Evaluate
the serious level
of international
crimes in Rome
Statute.
4C2. Evaluate
the serious level
of the penalties
applied in Rome
Statute.
6
5.
Transnational
Organized
Crime
7
crimes
against
humanity.
4A4. Define the
characteristics of
war crime.
4A5. Define the
characteristics of
crime
of
aggression.
4A6. Remember
the penalties for
international
crimes in Rome
Statute.
5A1. Define the
concept
and
characteristics of
Transnational
Organized Crime.
5A2.
Describe
history
of
Transnational
Organized Crime.
5A3.
Describe
history of Russian
Organized Crime.
5A4.
Describe
history of Asia
Organized Crime.
5A5.
Describe
history of The
Italian Mafia.
crime
of
aggression.
4B4. Analyze the
the similarities
and differences
between
international
crimes in Rome
Statute
and
crimes regulated
in Chapter XXVI
of
Vietnam’s
Criminal Code.
4C3. Evaluate
the
compatibility in
regulating crime
against
humanity
between
Vietnamese
Criminal
law
and
international
criminal law.
5B1. Distinguish
Transnational
Organized Crime
and Organized
Crime.
5B2.
Analyze
characteristics of
Russian
Organized
Crime.
5B3.
Analyze
characteristics of
Asia Organized
Crime.
5B4.
Analyze
characteristics of
The
Italian
Mafia.
5B5. Analyze the
cooperate
between nations
5C1.
Discuss
Vietnamese
Organized
Crime
and
Transnational
Organized
Crime nexus.
in
preventing
Transnational
Organized
Crime.
6.2. Total learning objectives
Level
Issue
Issue 1
Issue 2
Issue 3
Issue 4
Issue 5
Sum
Level 1
Level 2
Level 3
Sum
6
2
3
6
5
22
5
2
5
4
5
21
5
2
2
3
1
13
16
6
10
13
11
56
7. THE MATRIX DEMONSTRATING THE COMPATIBILITY OF
THE DETAILED LEARNING OBJECTIVES WITH CLOs
Objectives
1A1
1A2
1A3
1A4
1A5
1A6
1B1
1B2
1B3
1B4
1B5
1C1
1C2
1C3
K1
Knowledges
K2 K3 K4 K5
K6
Skills
S7
S8
Ability
T9
T10
8
1C4
1C5
2A1
2A2
2B1
2B2
2C1
2C2
3A1
3A2
3A3
3B1
3B2
3B3
3B4
3B5
3C1
3C2
4A1
4A2
4A3
4A4
4A5
4A6
4B1
4B2
4B3
4B4
4B5
4C1
4C2
4C3
5A1
5A2
5A3
9
5A4
5A5
5B1
5B2
5B3
5B4
5B5
5C1
8. MATERIALS
8.1. Compulsory materials
* Textbook
1. Robert Cryer, Hakan Friman, Darryl Robinson, Elizabeth Wilmhurst, An
Introduction to International Criminal Law and Procedure, Cambridge
University Press, 2008.
2. Antonio Cassese, Paola Geata, Laurel Baig, Mary Fan, Christopher
Gosnell and Alex Whiting, Cassese’s International Criminal Law, Oxford
University Press, third edition, 2013.
3. Neil Boister, An introduction to Transnational Criminal Law, Oxford
University Press, 2012.
4. William A. Schabas, An introduction to the International Criminal
Court, Cambridge University Press, second edition, 2004.
5. M. Cherif Bassiouni, Crimes against Humanity in International
Criminal Law, Martinus Nijhoff Publishers, 2016.
* Treaties
1. The United Nation Charter.
2. The Rome Statute of the International Criminal Court, 2010.
3. The United Nations Convention against Transnational Organized Crime,
2000.
4. Agreement on the Privileges and Imunities of the International Criminal
Court, 2002.
5. United Nations Convention against illicit traffic in narcotic drugs and
psychotropic substances, 1988.
6. Single Convention on Narcotic Drugs of 1961 as amended by the 1972
Protocol.
10
7. Convention on Psychotropic Substances of 1971.
8. Convention on the Elimination of all Forms of Discrimination Against
Women
9. Convention on the Rights on the Child and its Optional Protocol on the
sale of children, child prostitution and child pornography, 2000.
10. The Slavery Convention (1926) and its Supplement.
11. UN Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others (1949).
12. Human Trafficking Protocol: Protocol to prevent, surpress and punish
trafficking in persons, especially Women and Children (Supplementing the
UN Convention against Transactional organized crime).
13. Political declaration and action plan against money laudering, 1988.
14. United Nations Convention against Corruption, 2003
15. Council of Europe Convention on laundering, search, seizure and
confiscation of the proceeds from crime and on the financing of terrorism,
2005.
16. Convention for the Prevention and Punishment of Terrorism, 1937.
17. United Nations. International Convention Against the Taking of
Hostages, 1979.
18. United Nations. International Convention for the Suppression of
Terrorist Bombings, 1997.
19. United Nations. International Convention for the Suppression of the
Financing of Terrorism.
*Vietnamese legislative documents
1. Criminal Code 2015, amended on 2017.
2. Criminal Procedure Code 2015, amended on 2021.
8.2. Recommended materials
* Books
1. William A. Schabas, The Cambridge companion to International
Criminal Law, Cambridge University Press, 2016.
2. Helmut Satzger, International and European Criminal Law, C.H.
Beck&Nomos& Hart Publishing, second edition, 2018.
3. Kai Ambos, Treatise on International criminal law Volume III:
International Criminal Procedure, Oxford University Press, 2016.
11
* Cases and materials
1. Harris, D.J, Cases and materials on international law. (London: Sweet
& Maxwell, 2004) sixth edition.
2. Dixon, M. and R. Mc Corquodale, Cases and materials on international
law (Oxford: Oxford University Press, 2003) fourth edition.
3. Johnson, D. H. N. "The Minquiers and Ecrehos Case." The International
and Comparative Law Quarterly 3.2 (1954): 189-216
4. Administrative Tribunal case (1954)
5. Anglo-Norwegian Fisheries case: ICJ Reports, 1951, p. 132; 18 ILR
6. The Legal Status of Eastern Greenland Case, Denmark vs. Norway,
"Permanent Court of International Justice." (1933).
7. Chorzow Factory case (1928)
8. The Island of Palmas Case,. "Permanent Court of Arbitration." (1928).
* Reports and journals
Reports and journals are a good source providing International
Criminal law. Articles can be located by searching under relevant terms in
an index or by searching a full-text database such as:
/>8.3. Websites
- />- />- />- />- />- />- />- />- bal/
- />ples.pdf
- />- />9. TEACHING – LEARNING FORM
12
9.1. General Schedule
Week
Teaching-learning forms
Group
SelfUnit LectureSeminar
Assessment
work study
Total
1
2
3
1
2
3
4
2
2
0
4
4
2
2
2
3
3
3
4
4
2
4
2
3
5
5
2
4
2
3
Total hours
12
16
10
15
53
Credit hours
12
8
5
5
30
Summiting teamwork
paper
Teamwork oral
presentation
9.2. Detailed Schedule
Week 1: Issue 1
Teaching –
Credit
Learning
hours
form
Lecture
13
4
Main contents
Concept
of
international
criminal
law.
- History of international
criminal law.
- Principles and norms
of international criminal
law
Sources
of
international
criminal
law.
Requirements for students’
preparation
*Reading:
- Robert Cryer, Hakan
Friman, Darryl Robinson,
Elizabeth Wilmhurst, An
Introduction
to
International Criminal Law
and Procedure, Cambridge
University Press, 2008.
- Antonio Cassese, Paola
Geata, Laurel Baig, Mary
Fan, Christopher Gosnell
and Alex Whiting, Cassese’s
International Criminal Law,
Oxford University Press,
third edition, 2013.
Groupwork
Self studying
Consulta
tion
The contents of Issue 1
- Groups choose discussed
1
issues.
- Discussing in group.
The contents of Issue 1
*Reading:
The documentation has been
1
guided
- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 1:30 p.m to 5:15 p.m
- - Location: Division of Criminal Law (Room A311)
Week 2: Issue 2
Teaching –
Credit
Learning
hours
form
Lecture
2
2
Seminar
Main contents
- The history of
establishment of the
International Criminal
Court.
- The jurisdiction and
the composition of the
International Criminal
Court in the Rome
Statute.
- The principles of
International Criminal
Court in the Rome
Statute.
- The similarities and
differences between the
International Criminal
Court
and
other
international
criminal
Requirements for students’
preparation
* Reading:
- William A. Schabas, An
introduction
to
the
International
Criminal
Court,
Cambridge
University Press, second
edition, 2004.
-Robert
Cryer,
Hakan
Friman, Darryl Robinson,
Elizabeth Wilmhurst, An
Introduction
to
International Criminal Law
and Procedure, Cambridge
University Press, 2008.
- Groups choose issues to
examine.
- Groups outline the
discussed issues.
- Groups operate the
14
courts.
- The similarities and
differences between the
International Criminal
Court
and
national
court.
The contents of Issue 2
seminar
according
to
prepared topics.
- Resolving some cases
relating to the issue.
- Groups choose discussed
1
issues.
- Discussing in group.
The contents of Issue 2
*Reading:
Self 1
The documentation has been
studying
guided
- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
Consulta
resources...
tion
- - Time: Wednesday, from 1:30 p.m to 5:15 p.m
- - Location: Division of Criminal Law (Room A311)
Groupwork
Week 3: Issue 3
Teaching –
Credit
Learning
hours
form
Lecture
15
2
Main contents
- The characteristics
and the serious level
of transnational crimes
namely
drug
trafficking,
cybercrime,
money
laundering, terrorism.
The
cooperate
between
nations
against transnational
crimes.
Requirements for students’
preparation
* Reading:
- United Nations Convention
against illicit traffic in
narcotic
drugs
and
psychotropic
substances,
1988.
Single Convention on
Narcotic Drugs of 1961 as
amended
by
the
1972
Protocol.
- The Slavery Convention
(1926) and its Supplement.
- Human Trafficking Protocol:
Seminar
Groupwork
Self studying
Consulta
tion
Protocol to prevent, surpress
and punish trafficking in
persons, especially Women
and Children (Supplementing
the UN Convention against
Transactional
organized
crime).
- Groups choose issues to
examine.
- Groups outline the discussed
issues.
- Groups operate the seminar
according to prepared topics.
- Resolving some cases
relating to the issue.
Evaluate
the
compliance
of
Vietnamese
criminal
law in compare with the
standard
of
2
transnational crimes.
Evaluate
the
importance of cooperate
and legal assistance in
preventing transnational
crimes
The contents of Issue - Groups choose discussed
1
3
issues.
- Discussing in group.
The contents of Issue *Reading:
1
3
The documentation has been
guided
- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 1:30 p.m to 5:15 p.m
- - Location: Division of Criminal Law (Room A311)
Week 4: Issue 4
Teaching –
Credit
Learning
hours
form
Main contents
-
Definition
Requirements for students’
preparation
and *Reading
16
Lecture
2
Seminar
2
17
classification
of
international crimes.
- Identify the definition
and characteristics of war
crime, crimes against
humanity, genocide and
crime of aggression.
- The penalties for
international crimes in
Rome Statute.
- Distinguish genocide
and
crime
against
humanity; crime against
humanity and war crime;
war crime and crime of
aggression.
- Analyze the similarities
and differences between
international crimes in
Rome Statute and crimes
regulated in Chapter
XXVI of Vietnam’s
Criminal Code
Evaluate
the
compatibility
in
regulating crime against
-Antonio Cassese, Paola
Geata, Laurel Baig, Mary
Fan, Christopher Gosnell
and
Alex
Whiting,
Cassese’s
International
Criminal Law, Oxford
University Press, third
edition, 2013.
-M.
Cherif
Bassiouni,
Crimes against Humanity
in International Criminal
Law, Martinus Nijhoff
Publishers, 2016.
-Kai Ambos, Treatise on
International criminal law
Volume III: International
Criminal
Procedure,
Oxford University Press,
2016.
- Groups choose issues to
examine.
- Groups outline the
discussed issues.
- Groups operate the
seminar
according
to
prepared topics.
- Resolving some particular
cases relating to the issue.
Groupwork
Self studying
Consulta
tion
humanity
between
Vietnamese Criminal law
and international criminal
law.
- Summiting teamwork
paper
The contents of Issue 4
- Groups choose discussed
1
issues.
- Discussing in group.
The contents of Issue 4
*Reading:
1
The documentation has
been guided
- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 1:30 p.m to 5:15 p.m
- - Location: Division of Criminal Law (Room A311)
Week 5: Issue 5
Teaching –
Credit
Learning
hours
form
Lecture
2
2
Seminar
Main contents
Requirements for students’
preparation
The
concept
of
transnational
organized
crime.
- The characteristics of
Organized
Crime
in
Russian, Asia and the
Italian Mafia.
*Reading:
- Neil Boister, An
introduction
to
Transnational Criminal
Law, Oxford University
Press, 2012.
- The United Nations
Convention
against
Transnational Organized
Crime, 2000.
- Analyze the similarities - Groups choose issues to
and differences between examine.
the national organized - Groups outline the
18
Groupwork
Self-study
Consulta
tion
crime
and
the
international
organized
crime.
- The cooperate between
nations in preventing
transnational
organized
crimes.
Teamwork
oral
presentation
The contents of Issue 5
discussed issues.
- Groups operate the
seminar according to
prepared topics.
- Resolving some cases
relating to the issue.
- Groups choose discussed
issues.
- Discussing in group.
The contents of Issue 5
*Reading:
1
The documentation has
been guided
- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 1:30 p.m to 5:15 p.m
- - Location: Division of Criminal Law (Room A311)
1
10. POLICIES OF THE COURSE
-
According to the general regulation of Hanoi Law University;
Assignment is submitted on time as prescribed.
11. ASSESSMENT METHODS
11.1. Frequent assessment
- Inspections: Students participate in 75% or more of the prescribed hours
for each theory or seminar part.
- Participation in seminars and team assignment.
- Proof of attending seminars and groups work
11.2. Periodical assessment
Grading
Written exam format
proportion
Assess awareness and attitude to participate in seminars
10%
01 teamwork paper and oral presentation
30%
19
Final exam
60%
11.3. Critirea for assessment
Assessing knowledge and attitudes to participate in seminar
- Assessing knowledge: Self-study and understand the lesson (1-7 mark)
- Attitudes to participate in seminar: Not active / Active positive (1-3
mark)
- Total: 10 mark
Requirements for Assignments
Assignments are presented on A4 paper size; font size: 14; font: Times
New Roman; Margins of top, bottom, left and right should be 2.5cm,
2.5cm, 3.5cm, 2cm; Line up 1.5lines.
Assignments must not exceed the specified length. The excess will not be
graded and scored.
Teamwork paper
- Form: 3-5 pages Essay (Appendix included, if any, every two extra pages
will be subtracted 1 point).
- Content: Questions relating to the knowledge of whole course
Final exam
- Condition to participate in the final exam:
+ Students participate in 75% or more of the prescribed hours for
each theory or seminar part.
+ Team assignment or individual exam must be greater than 0.
- Forms of Final exam: Written Exam or Essay
True or false test which is able to require the examinees’ explanations for
the reason why a statement is true or false (or not) and a case study
question or an essay. The test consists the aforementioned question to be
done within 90 minutes. Total mark: 10 points.
- Content: All issueses given in class and other self-studied issues, including
all learning objectives listed in Section 6 of this Outline.
- Assessment criteria:
+ Showing good understanding of the knowlege learned during the
course;
+ Understandable argumentation;
+ Clearness in the language used.
20
In accordance with the detailed answers given by lecturers.
LEADER OF SUBJECT
21
TABLE OF CONTENT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Information of lecturers
Pre-requisite(s):
Course description
Detailed contents of the course
Course learning outcome and suitable the
outstanding standards of the training program
Learning outcomes
Matrix of detailed learning outcomes suitable
for course learning outcomes
Study materials
Teaching – learning form
Polices of subject
Methods of assessment
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