Courses
The programme comprises the following four modules:
1) Transitional Justice
The module on Transitional Justice covers both legal issues and contemporary history. It deals with the legal framework for transitions from a dictatorship to democracy or from violent conflict to peace, illustrated by different country situations. The course gives a general overview, and investigates the challenges presented by transitions to systems of justice. The course also allows for the discussion of recent developments, with a focus on transitional justice in Africa.
2) International Criminal Law
The module on International Criminal Law gives an insight into international criminal law, with a focus on current developments in the case law of the international courts and tribunals. It covers the historical development of international criminal law as well as its foundations in international law. The module deals with the enforcement of international criminal law by international, hybrid and national courts, with a particular focus on the structure and procedure of the International Criminal Court. The focus of the course, however, is substantive international criminal law, namely, general principles, as well as the structure and elements of the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. Current developments in the case law of the International Criminal Court are also included.
3) Law Relating to Organised Crime and Money Laundering
The module on organised crime and money laundering focuses, inter alia, on the following aspects: the theory of criminal laundering, confiscation and forfeiture; money laundering and links to the illicit drugs trade; typologies of money laundering in the Southern African Development Community (SADC) region; the regulatory legal framework and SADC Protocols; issues relating to the regulation of banks and the finance industry, including state regulations and industry self regulation. This module also deals with the international agreements in the area of organised crime.
4) International Anti-Corruption Law
The fourth module focuses on corruption and the illegal use of public office for private gain. The course deals, among others, with the following topics: The definition and scope of corruption (what is corruption and why does it matter?); international, regional and national regulatory anti-corruption framework; causes and consequences of bureaucratic corruption; endemic corruption in underdeveloped and developed countries; anti-corruption in transitional states with special focus on state-enterprise interactions in granting of tenders; judicial corruption; challenging corruption in Africa: case studies; when are anti-corruption campaigns successful?; corporate criminal liability; international co-operation; extradition; confiscation, seizure and asset recovery procedures.
In respect of each module a candidate must submit at least one written assignment and pass the written examination at the end of the course. In addition, the candidates must present one research paper in a module of their choice, which demonstrates the candidate’s ability to conduct independent research.
During the first term, a special module in Comparative Criminal Law and Contemporary Legal History is offered. The purpose of this module is to enable students to become acquainted with a legal system different from their own and to deal with important questions in the field of modern legal history. In addition, African students receive introductory lessons in the German language and culture.