International Criminal Procedure

Module 1 — Foundations of International Criminal Procedure

Students are introduced to the procedural framework used in international criminal proceedings. The course distinguishes substantive criminal law from procedural rules and emphasises that proceedings must operate within the applicable constitutive instruments, rules and safeguards.

Module 2 — Jurisdiction, Investigations and Preliminary Assessment

Students examine how jurisdiction is established and how allegations may be assessed before formal proceedings. The course introduces investigation planning, evidence gathering, witness handling and the importance of impartial investigative methods.

Module 3 — Charging and the Rights of the Accused

Students learn the basic principles governing allegations and charging decisions, including adequate notice of the case, the presumption of innocence and the right of an accused person to prepare a defence.

Module 4 — Disclosure, Evidence and Witnesses

Students examine disclosure obligations, evidentiary assessment and witness procedures. The course emphasises relevance, reliability, authenticity, protection of witnesses and the need for procedures that allow the defence a meaningful opportunity to challenge the prosecution case.

Module 5 — Trial, Judgment and Sentencing

Students examine the basic stages of trial proceedings, including presentation of evidence, examination of witnesses, legal submissions, deliberation and reasoned judgment. The course distinguishes findings of guilt from sentencing and emphasises lawful decision-making.

Module 6 — Appeals, Review and Procedural Safeguards

Students are introduced to appellate review and other mechanisms for addressing legal or procedural error. The course emphasises judicial independence, impartiality, equality of arms, reasoned decisions and the protection of fundamental fair-trial rights.

Knowledge Test

1. What is the difference between substantive criminal law and criminal procedure?

Substantive law defines offences and liability, while procedure governs how proceedings are conducted They are always identical Procedure defines every offence Substantive law only concerns court buildings

2. Why must an accused person receive adequate notice of the case against them?

So they can understand and prepare their defence So evidence can be hidden So the prosecution can avoid disclosure So hearings can be cancelled

3. What is an important purpose of disclosure?

To support a fair opportunity for the parties to assess and respond to relevant material To conceal evidence from the defence To prevent judicial review To replace the trial

4. What does the presumption of innocence mean?

An accused person is treated as innocent unless guilt is established according to law Every allegation is automatically true The prosecution never needs evidence The defence must prove innocence in every case

5. Why are appeals important?

They provide a mechanism for reviewing alleged legal or procedural errors They automatically overturn every judgment They eliminate the need for trials They prevent judges from giving reasons