International Humanitarian Law

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The course's aim is to guide students to understanding contemporary armed conflicts and their repercussions on individual rights and on current migratory flows. A first part of the course introduces students to rules governing hostilities and to basic humanitarian principles during international and non-international armed conflicts. A second part focuses on individual criminal responsibility for crimes committed during armed conflicts and on international criminal courts. A third and final part is dedicated to the system of protection of people fleeing conflict or persecution, with a special focus on refugee law principles and trafficking in human beings. The teaching methodology provides lectures alongside group works and practical exercises.
Expected learning outcomes
Teaching methods are conceived in order to strengthen students' skills to use their legal knowledge within the realm of language mediation and intercultural communication activities.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Lesson period
Second semester
Course syllabus
Part I
The module aims to provide students with tools to understand armed conflicts and their relevance in the contemporary world. After an introduction on the legality of the use of force in international relations, the module will illustrate the norms and principles governing hostilities and humanitarian principles that apply to international and non-international armed conflicts.
Part II
The module aims to provide students with basic knowledge of international criminal law and the tools for critical thinking on contemporary international criminal justice. The module will focus in particular on the liability for violations of the rules analyzed during the previous module. Particular attention will be devoted to international crimes (such as war crimes, crimes against humanity and genocide) and the main fora to ascertain individual responsibility stemming from their commission.
Part III
The module aims at providing students with interpretative tools and notions of refugee law and human rights law. The module will illustrate the rules that protect foreigners against fundamental rights violations following removal to third countries. Particular emphasis will be given to international, European and Italian standards for the protection of asylum seekers and refugees. The module will also cover existing complementary forms of protection in European Union law and in the European Convention on Human Rights, as interpreted by the European Court of Human Rights. In particular, the module will analyze how such rules provide protection to people fleeing armed conflict (module I) and how the commission of international crimes (module II) can instead prevent access to protection mechanisms. The principles governing the recognition of international protection in European and Italian law will then be examined in detail. During the lessons, in-depth meetings will be held on specific issues related to contemporary migration phenomena (trafficking in human beings, unaccompanied minors, "externalization" agreements).
Prerequisites for admission
Part I: Students are required to have familiarity with the subjects of international law (States, international organizations) and the sources of international law (in particular, international treaties and customs) and their hierarchy.
Part II: Students are expected to be familiar with the topics covered in Module I, in addition to the related prerequisites (subjects of international law; sources of international law and their hierarchy).
Part III: Students are required to have a basic knowledge of the subjects of international law and sources of international law. In addition, students are expected to be familiar with basic notions on the European Union, the Council of Europe and the European Convention for the protection of human rights and fundamental freedoms are required.
Teaching methods
Part I - II: Interactive classes, individual study in preparation for upcoming lessons on resources to be indicated ahead of each class, group work and discussions.
Part III: Interactive classes, individual study in preparation for upcoming lessons on resources to be indicated ahead of each class, group work and discussions. Students attending the course will also be able to participate in individual or group research work and to produce a short, written essay to be presented in the classroom, for which they will receive an evaluation of up to 5 points which will be added to the final exam mark.
Teaching Resources
Materials for the preparation of the exam

Part 1
1) N. RONZITTI, Diritto internazionale dei conflitti armati, Giappichelli, Torino, Sesta Edizione, 2017: introduzione, pp. 19-43 e 63-86

In addition
2) Comitato Internazionale della Croce Rossa, International Humanitarian Law - a Comprehensive Introduction, pp. 15-129, disponibile online: https://www.icrc.org/en/publication/4231-international-humanitarian-law-comprehensive-introduction

Alternatively (recommended for students not attending classes)
2) N. RONZITTI, Diritto internazionale dei conflitti armati, Giappichelli, Torino, Sesta Edizione, 2017: pp. 143-163, 180-213, 263-285 e 365-373

Recommended in order to verify learning progress:
Comitato Internazionale della Croce Rossa, "Diritto Internazionale Umanitario - Risposte alle vostre domande" disponibile online: https://www.cri.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/5282

Part 2
1) E. GREPPI, (voce) Crimini internazionali dell'individuo, in Enciclopedia del diritto, annali V, Milano, Giuffrè, 2012, pp. 467-503

Alternatively (recommended for students not attending classes)
2) A. CASSESE: Lineamenti di diritto internazionale penale, I. Diritto sostanziale, Il Mulino, pp. 53-67, 79-83, 91-115 e 121-140 pp.

2) A. CASSESE: Lineamenti di diritto internazionale penale, II. Diritto processuale, Il Mulino, pp. 11-46 e 156-162

Part 3
1) A. DEL GUERCIO, La protezione internazionale dei richiedenti asilo nel diritto internazionale ed europeo, Editoriale Scientifica, 2016: pp. 15-54, 120-143, 147-167, 186-227, 242-274, 293-383, 401-426

2) UNHCR/SPRAR, La tutela dei richiedenti asilo - Manuale giuridico per l'operatore, pp. 7-29, 69-84, 104-108, disponibile online: http://www.unhcr.it/wp-content/uploads/2016/01/1UNHCR_manuale_operatore.pdf

3) ASGI/SPRAR, La tutela dei minori stranieri non accompagnati - Manuale giuridico per l'operatore, pp. 3-15

Recommended in order to verify learning progress:
EASO, Guida pratica dell'EASO: requisiti per poter beneficiare della protezione internazionale, disponibile online: https://easo.europa.eu/sites/default/files/EASO-Practical-Guide-for-international-protection_IT.pdf

All materials are available at the Faculty's bookshop, Polo Universitario Sesto S.Giovanni, P.za I. Montanelli, 16 Sesto S. Giovanni (MI)
Assessment methods and Criteria
Oral interview.
During the semester students will have the possibility to take a written test with both open and multiple-choice questions, with an evaluation from 0 to 30, which will contribute to the final evaluation.
Teaching Unit 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours