| 6 November-17 December 2013 (E03513) | Register for this course (page opens in new window)
Instructor: Dr. Gerd Oberleitner
What is the role of international courts and tribunals in protecting and promoting human rights? To many, it seems self-evident that courts are the best guarantors for human rights: they punish perpetrators, end impunity, deter potential wrong-doers and (re-)establish justice. They bring the individual into the international arena, intrude in formerly "domestic affairs" and allow victims to claim financial compensation. To others, the adjudication of human rights suffers from severe drawbacks: the potential of courts to prevent human rights abuses is limited, they do not respond to structural injustice, they are ill-suited for systematic and gross human rights violations, they put justice over reconciliation and they do little to effectively remedy the suffering of victims.
International courts are as manifold as the advantages and setbacks they have come to stand for: some allow only states as parties, while others are open to individuals. Some are established permanently on treaty basis, while some are set up by the Security Council or are of a hybrid nature. Some grant damages, while some give advice. Some seem do function, while others don't. They work under the constraints of international law and in the emerging triangular relationship of international human rights law, international humanitarian law and international criminal law. Their proliferation over the past decades seems to speak for their added value, but what is their impact on human rights?
This e-learning course explores the multitude of international courts and tribunals which have been set up – since the Nuremberg and Tokyo tribunals after World War II – to adjudicate on human rights in the broadest sense, including violations of the law of armed conflict and international criminal law. It provides information and case studies on the working of such courts, from the International Court of Justice to ad hoc and hybrid criminal tribunals and from the regional human rights courts to the International Criminal Court. The course critically explores the role and value of such courts in promoting and protecting human rights as well as the advantages and drawbacks of entrusting international courts with human rights issues.
This certificate course is inter-disciplinary in its approach and draws on reading from international relations and international law. Knowledge of human rights, international humanitarian law and international criminal law is beneficial, but not a prerequisite. The course involves approximately 30 hours of reading, on-line working groups, quizzes, a writing assignment, webinars and interaction among students, the instructor and invited guests. The course will integrate active and participatory learning approaches within activities and assignments, with an emphasis on reflective and collaborative learning. Participants will do the required reading, prepare an assignment, including case studies, and participate in group discussions.
Course outline
Week 1: The history of international courts
Week 2: The International Court of Justice
Week 3: Regional human rights courts: the Americas, Africa and Europe
Week 4: The criminal tribunals for Ex-Yugoslavia and Rwanda; special and hybrid courts: Sierra Leone, Cambodia, Lebanon
Week 5: The International Criminal Court
Week 6: Towards a World Court for Human Rights?
About the instructor
Dr. Gerd Oberleitner is lecturer at the Institute of International Law and International Relations of the University of Graz, Austria, and Visiting Fellow at the Centre for the Study of Human Rights of the London School of Economics and Political Science (LSE). An international lawyer by training, his research interests are international human rights law, international humanitarian law, and the law of international organisations. From 1998 to 1999 he served as legal adviser in the human rights and humanitarian law department of the Austrian Ministry for Foreign Affairs, and has in subsequent years joined the Austrian governmental delegation to sessions of the UN Human Rights Commission. From 1999 to 2002 he worked as Executive Secretary of the European Training and Research Centre for Human Rights and Democracy (ETC) in Graz, where he is now member of the Executive Board. From 2002 to 2004 he was Lecturer in Human Rights at the London School of Economics. For more than fifteen years, he has taught international law and international human rights law in various programmes at the LSE, the University of Graz, at other universities and in summer schools, and in the Venice and Sarajevo Master Programmes on Human Rights and Democratisation. He has been an instructor for HREA e-learning courses since 2003. His latest book is Global Human Rights Institutions: Between Remedy and Ritual (Cambridge, Polity, 2007).
Who should apply
The course is aimed at university students and graduates of international relations, international law, politics and other areas, NGO staff members, staff of international organisations and other practitioners. Participants should have a good written command of English and have high competence and comfort with computer and Internet use. The number of participants is limited to 25 per course. HREA aims to ensure equal gender and geographical distribution across the selected participants. It is also possible to audit the course.
Costs
Tuition fee for participants: US$ 575. Early registration discounts: 25% when paying 8 weeks before the start of the course; 15% when paying 4 weeks before course start.
Tuition for auditors: US$ 215. Early registration discounts: 25% when paying 8 weeks before the start of the course; 15% when paying 4 weeks before course start.
Payments can be made online by major credit cards (American Express, Discover, MasterCard, Visa), PayPal and bank transfer. Bulk rates are available.
Registration
Register for this course (page opens in new window)
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