International Law of Armed Conflict
A.Y. 2019/2020
Learning objectives
The course is divided in two parts. The first part aims to allow students to acquire a general knowledge and comprehension of the international legal framework, conventional and customary, relating to international and non-international armed conflicts. The second part aims to provide students with a general understanding of the international regulation of international crimes of individuals (mostly consisting of violations of the international law of armed conflict or committed in armed conflict situations) and of the nature and functioning of international criminal tribunals, with a special focus on the International Criminal Court. Armed conflicts and the commission of large-scale crimes, and the international responses to them, are aspects that any student of the current dynamics that characterize international relations should delve into.
Expected learning outcomes
The purpose of the course is to provide students with the capacity to understand and to handle this specialized field of international law. At the same time it aims to prepare them, especially through the study of cases decided by international criminal tribunals and through their active involvement in the simulation of an international trial, to be able to solve new problems, linked to the present day reality, by applying the rules also to hypothetical situations. These activities should also strengthen their critical thinking in a field characterized by strong ethical connotations, and their ability to communicate orally and in writing.
Lesson period: Third trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
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
Responsible
Lesson period
Third trimester
Course syllabus
- For students attending the lectures:
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare.
2. The rules applicable in non international armed conflicts. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide. Moot court exercises.
3. The law of belligerent occupation. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
- For students NOT attending the lectures:
1. The rules applicable in international armed conflicts: in particular, the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare.
2. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide.
3. The crime of aggression; modes of participation and defences. International criminal tribunals: in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare.
2. The rules applicable in non international armed conflicts. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide. Moot court exercises.
3. The law of belligerent occupation. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
- For students NOT attending the lectures:
1. The rules applicable in international armed conflicts: in particular, the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare.
2. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide.
3. The crime of aggression; modes of participation and defences. International criminal tribunals: in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
Teaching methods
Moot Court exercises (simulations of international criminal law trials with the active involvement of students) will be organized during the second module of the course: the best performances will be awarded with the addition of one or two points to the student's final grade. Seminars with the participation of experts are contemplated.
Teaching Resources
- For students attending the lectures:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
- For students NOT attending the lectures:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
- For students NOT attending the lectures:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Assessment methods and Criteria
At the end of the first part dealing with International Humanitarian Law (1st module + beginning of the 2nd module) there will be a written exam for students attending the lectures. This intermediate exam will consist of two open questions on the first part of the programme, aiming to stimulate the student's capacity to formulate the knowledge acquired in a clear and critical manner and to apply it to concrete cases. The final exam is oral, based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second part of the course and to articulate proper reasoning on hypothetical case situations. The grade obtained for the intermediate exam will account for one half of the final grade.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours
Professor:
Pedrazzi Marco
Shifts:
-
Professor:
Pedrazzi MarcoProfessor(s)
Reception:
Wednesday, 9.30 am-12.30 pm, by appointment, in person or on Microsoft Teams.
Department of International, Legal, Historical and Political Studies, Room No. U1, first floor on via Conservatorio 7