Lecturer: Kimberley Natasha Trapp
Kimberley Natasha Trapp is a graduate of McGill University and the University of Cambridge. In Montreal, she completed degrees in Philosophy, Civil Law and Common Law, graduating with Great Distinction in all three. Between her years at McGill and Cambridge, she worked for one of New York City’s largest corporate law firms (Davis Polk & Wardwell), in both its New York and Hong Kong offices. Having completed the Cambridge Master of Laws degree with first class honours, she is now studying towards a PhD in international law at Girton College. Her particular research interests lie in the law of State responsibility and international terrorism.
Today, front page news tends to be dominated by terrorist attacks, armed conflicts, and news of States violating the basic human rights of their own citizens. While it is easy to become disheartened, a degree of that pessimism is often engendered by a misunderstanding of the international institutions that help shape our world. The 2005 law module will therefore provide an introduction to international law and some of the key public institutions that play a role in promoting and maintaining international peace and security: the United Nations (in particular the Security Council), the International Court of Justice and the International Criminal Court (ICC).
The course will provide an overview of (i) the international law relating to the use of military force and the role of the UN system in the face of such uses of force, (ii) the violation of human rights as an international crime, and (iii) international terrorism as an emerging field of international law in its own right. As the focus of the course is public international law, we will primarily be considering the law applying to the behaviour of States in the international realm, and not laws within States. International law, however, can have a profound impact on individuals, national government policy and international relations.
The course will introduce basic concepts and issues relating to the present international system of law through short presentations by the lecturer, class discussions, group exercises and debates. The reading list provides the core material for the course, and students are expected to be familiar with the readings to enable class participation.
The course will be assessed on the basis of class participation and a final exam where students will answer one essay question from several options.
Syllabus
1. The idea of law, and the idea of international law
Ø The idea of law, its role and purpose within a community.
Ø The differences between international law and national law, and how the two fit together.
Ø The sources of international law
Ø Exercise: Treaty interpretation (The Convention on the Prevention and Punishment of the Crime of Genocide (1948)).
2. The United Nations: a dream to end war?
Ø The origins of the UN system in the Second World War.
Ø The prohibition on the use of force in international relations and the collective security system (in particular the Security Council).
Ø Case Study: The wars in Iraq.
3. International Criminal Law and the International Criminal Court (“ICC”)
Ø International crimes and the history of the Rome Statute of the ICC.
Ø Concurrence of State responsibility (breaches of the prohibition on the use of force) and individual criminal responsibility (commission of international crimes), i.e. the crime of aggression.
4. The International Criminal Court, part 2
Ø Time permitting; we will turn to the debate about whether the ICC destroys national sovereignty. Focus on the complementarity of ICC jurisdiction to that of national criminal courts.
5. International Terrorism, part 1
Ø The International Terrorism Suppression Conventions as an attempt to end impunity for acts of international terrorism.
Ø Effectiveness of the obligations under the International Terrorism Suppression Conventions in the “War on Terror.”
Ø Case Study: Bombing of Pan Am Flight 103 over Lockerbie, Scotland
6. International Terrorism, part 2
Ø State terrorism: the prohibition on the use of force in international relations (c.f. discussion on aggression) and its development in light of emerging norms relating to international terrorism.
Ø Use of force in self-defence against terrorism: Legal uses of force under the UN Charter or expressions of political power.
Ø Case Study: Use of force against Afghanistan after September 11th
7. Putting it all together
Ø Discussion and debate about whether there is a “system” of international law for a global community living in peace and security or whether “international law” is just a label for what governments do and (more often) fail to do when they exercise power in international relations.
Reading list
Before arrival in Cambridge students should read carefully the following treaties:
The United Nations Charter (1945): the preamble; and Chapters I, IV, V, VI, VII and VIII, and Article 103 (available at http://www.un.org/aboutun/charter/index.html)
The Convention on the Prevention and Punishment of the Crime of Genocide (1948) (available at http://www.unhchr.ch/html/menu3/b/p_genoci.htm)
Declaration on Principles of International Law concerning Friendly Relations and C-Operation among States in Accordance with the Charter of the United Nations, U.N General Assembly Resolution 2625 (XXV) (1970) (available at http://www.whatlaw.org/ (International Conventions >> UN and International Law))
The Rome Statute of the International Criminal Court (1998): Parts 1, 2 and 3 (Articles 1 -33); Part 9 (only Articles 86-91 and 98); and Part 10 (Article 103) (available at http://www.un.org/law/icc/statute/romefra.htm)
The International Convention for the Suppression of Terrorist Bombings (1997): the preamble; Articles 1-6, Articles 8-12, and Articles 14-15 (available at http://www.un.org/law/cod/finterr.htm)
These treaties are all also available in Malcolm D. Evans, Blackstone’s International Law Documents
Students should also read the following Security Council resolutions, all available at http://www.un.org/Docs/sc/ (under “Resolutions”).
Iraq
UN Security Council Resolution 660 (1990)
UN Security Council Resolution 678 (1990)
UN Security Council Resolution 687 (1991)
UN Security Council Resolution 1441 (2002)
Terrorism
UN Security Council Resolution 731 (1992)
UN Security Council Resolution 748 (1992)
UN Security Council Resolution 1189 (1998)
UN Security Council Resolution 1368 (2001)
UN Security Council Resolution 1373 (2001)
Further reading:
Students will find it useful to browse the following websites:
http://www.un.org ; http://www.icc-cpi.int/ ; http://www.un.org/terrorism/