HANOI LAW UNIVERSITY FACULTY OF CRIMINAL LAW (FOR HLU INTERNAL USE ONLY) HÀ NỘI - 2022 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 INFORMATION OF LECTURERS Dr Pham Tai Tue - Head of Criminal Law Division, Hanoi Law University Tel: 0917942888 E-mail: phamtue.hs@hlu.edu.vn Assoc.Pro.Dr Cao Thi Oanh - Dean of Criminal Law Department, Hanoi Law University E-mail: caothioanh@gmail.com Dr Vu Hai Anh - Vice Dean of Criminal Law Department, Hanoi Law University E-mail: haianh@hlu.edu.vn Dr Nguyen Toan Thang - General Director of Comparative Law Institute, Hanoi Law University Email: ngthang@hlu.edu.vn Dr Nguyen Van Oanh – Senior Lecturer and Researcher Faculty of Criminal Police, People’s Police Academy Email: nguyenvanoanh.ppa@gmail.com LLM La Minh Trang – Lecturer of Public International Law Division, Hanoi Law University Email: laminhtrang@hlu.edu.vn LLM Luu Hai Yen - Lecturer of Criminal Law Division, Hanoi Law University Email: luuhaiyenhlu@gmail.com LLM Le Thi Diem Hang - Lecturer of Criminal Law Division, Hanoi Law University Email: hangle.hlu@gmail.com LLM Dao Phuong Thanh - Lecturer of Criminal Law Division, Hanoi Law University Email: thanhgaga@gmail.com 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) PREREQUISITE COURSES - Criminal Law of Viet Nam; - Criminal Procedure Law of Viet Nam 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 CONTENT OF THE COURSE Issue 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 Issue 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 International Crime 4.1 Genocide 4.2 Crimes against humanity 4.3 War crimes 4.4 Crimes of aggression Issue Transnational Organized Crime 5.1 Organized Crime 5.2 Russian Organized Crime 5.3 Asia Organized Crime 5.4 The Italian Mafia 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 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                 LEARNING OBJECTIVES 6.1 Detailed learning objectives Objective Issue Introduction to International Criminal law Level Level Level 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 The International Criminal Court 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 Transnational Crime 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 Transnational Organized Crime 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 Issue Issue Issue Issue Sum Level Level Level Sum 6 22 5 21 2 13 16 10 13 11 56 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                             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                                                                                                                                                                                  5A4 5A5 5B1 5B2 5B3 5B4 5B5 5C1                                         MATERIALS 8.1 Compulsory materials * Textbook 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 Neil Boister, An introduction to Transnational Criminal Law, Oxford University Press, 2012 William A Schabas, An introduction to the International Criminal Court, Cambridge University Press, second edition, 2004 M Cherif Bassiouni, Crimes against Humanity in International Criminal Law, Martinus Nijhoff Publishers, 2016 * Treaties The United Nation Charter The Rome Statute of the International Criminal Court, 2010 The United Nations Convention against Transnational Organized Crime, 2000 Agreement on the Privileges and Imunities of the International Criminal Court, 2002 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 10 Convention on Psychotropic Substances of 1971 Convention on the Elimination of all Forms of Discrimination Against Women 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 Criminal Code 2015, amended on 2017 Criminal Procedure Code 2015, amended on 2021 8.2 Recommended materials * Books William A Schabas, The Cambridge companion to International Criminal Law, Cambridge University Press, 2016 Helmut Satzger, International and European Criminal Law, C.H Beck&Nomos& Hart Publishing, second edition, 2018 Kai Ambos, Treatise on International criminal law Volume III: International Criminal Procedure, Oxford University Press, 2016 11 * Cases and materials Harris, D.J, Cases and materials on international law (London: Sweet & Maxwell, 2004) sixth edition Dixon, M and R Mc Corquodale, Cases and materials on international law (Oxford: Oxford University Press, 2003) fourth edition Johnson, D H N "The Minquiers and Ecrehos Case." The International and Comparative Law Quarterly 3.2 (1954): 189-216 Administrative Tribunal case (1954) Anglo-Norwegian Fisheries case: ICJ Reports, 1951, p 132; 18 ILR The Legal Status of Eastern Greenland Case, Denmark vs Norway, "Permanent Court of International Justice." (1933) Chorzow Factory case (1928) 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: http://home.heinonline.org/ 8.3 Websites - https://www.icc-cpi.int/ - https://treaties.un.org/ - https://papers.ssrn.com/ - https://www.un.org/ - https://casebook.icrc.org/ - https://www.law.cornell.edu/ - https://www.rulac.org/ - https://www.cambridge.org/ - https://iici.global/ -https://www.department-ambos.unigoettingen.de/data/documents/Veroeffentlichungen/epapers/General_Princi ples.pdf - https://www.icty.org/ - https://ijrcenter.org/ TEACHING – LEARNING FORM 12 9.1 General Schedule Week Teaching-learning forms Group SelfUnit LectureSeminar Assessment work study Total 3 2 4 2 3 4 5 Total hours 12 16 10 15 53 Credit hours 12 5 30 Summiting teamwork paper Teamwork oral presentation 9.2 Detailed Schedule Week 1: Issue Teaching – Credit Learning hours form Lecture 13 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 - Groups choose discussed issues - Discussing in group The contents of Issue *Reading: 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 2: Issue Teaching – Credit Learning hours form Lecture 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 seminar according to prepared topics - Resolving some cases relating to the issue - Groups choose discussed issues - Discussing in group The contents of Issue *Reading: Self 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 Teaching – Credit Learning hours form Lecture 15 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 transnational crimes Evaluate the importance of cooperate and legal assistance in preventing transnational crimes The contents of Issue - Groups choose discussed issues - Discussing in group The contents of Issue *Reading: 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 Teaching – Credit Learning hours form Main contents - Definition Requirements for students’ preparation and *Reading 16 Lecture Seminar 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 - Groups choose discussed issues - Discussing in group The contents of Issue *Reading: 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 Teaching – Credit Learning hours form Lecture 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 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 *Reading: 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) 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 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 - 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 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 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 Page 2 10 13 19 20 ... international criminal law 1.3 Principles and norms of international criminal law 1.4 Sources of international criminal law Issue The International Criminal Court 2.1 The Establishment of International Criminal. .. of international criminal law in two approaches The International Criminal Court international criminal law 1A3 Indentify sources of international criminal law 1A4 Remember the definitions of international. .. 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