International Humanitarian Law
A.Y. 2020/2021
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. 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.
Lesson period: Second semester
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
Lesson period
Second semester
If due to the restrictions related to the Covid-19 pandemic it will not be possible to carry out teaching in person, the lessons will be held through the MS Teams platform. The video recordings of the lessons and the teaching materials used will be made available on the platform.
Course syllabus
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.
"Protezione internazionale" (6 CFU)
The module aims to provide students with tools and knowledge on refugee law and human rights protection. The module will illustrate the rules that protect foreigners against violations of fundamental rights following expulsion to third countries. Particular emphasis will be given to international, European and Italian standards for the protection of asylum seekers and refugees. The complementary forms of protection existing in European Union law and in the European Convention on Human Rights, as interpreted by the European Court of Human Rights, will also be illustrated. In particular, taking up the topics covered in module I, we will analyze how these rules provide protection to people fleeing armed conflicts and how the commission of international crimes can instead preclude 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 lectures, in-depth meetings will be held on specific issues related to contemporary migratory phenomena (human trafficking, gender-based violence, persecution of minors, "externalization" of borders to third countries).
"Protezione internazionale" (6 CFU)
The module aims to provide students with tools and knowledge on refugee law and human rights protection. The module will illustrate the rules that protect foreigners against violations of fundamental rights following expulsion to third countries. Particular emphasis will be given to international, European and Italian standards for the protection of asylum seekers and refugees. The complementary forms of protection existing in European Union law and in the European Convention on Human Rights, as interpreted by the European Court of Human Rights, will also be illustrated. In particular, taking up the topics covered in module I, we will analyze how these rules provide protection to people fleeing armed conflicts and how the commission of international crimes can instead preclude 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 lectures, in-depth meetings will be held on specific issues related to contemporary migratory phenomena (human trafficking, gender-based violence, persecution of minors, "externalization" of borders to third countries).
Prerequisites for admission
Students are required to have a basic knowledge of the subjects of international law and the sources of international law. In particular, familiarity with basic notions on the European Union, the Council of Europe and the European Convention for the Protection of Human Rights and Fundamental Freedoms is required.
Teaching methods
Interactive lessons, in-depth seminars, individual study in preparation for subsequent lessons on materials that will be indicated from time to time, group work and discussions. Attending students will also be able to participate in individual in-depth research works and produce a short written report to be discussed in the classroom, for which they will receive an evaluation of up to 3 points, which will be added to the final exam grade.
Attendance of the course is not mandatory but is strongly recommended in order to acquire the legal reasoning skills required to succesfully pass the exam.
Attendance of the course is not mandatory but is strongly recommended in order to acquire the legal reasoning skills required to succesfully pass the exam.
Teaching Resources
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) ASGI/SPRAR, La tutela della protezione internazionale e altre forme di protezione, 37-47, 91-113, disponibile online https://www.asgi.it/wp-content/uploads/2020/01/Manuale-per-Operatori-ASGI.pdf
3) ASGI/SPRAR, La tutela dei minori stranieri non accompagnati - Manuale giuridico per l'operatore, pp. 3-15, disponibile online: https://www.asgi.it/wp-content/uploads/2020/01/Manuale-per-Operatori-ASGI-2018.pdf
4) EASO, Guida pratica dell'EASO: requisiti per poter beneficiare della protezione internazionale, pp. 10-41 disponibile online: https://easo.europa.eu/sites/default/files/EASO-Practical-Guide-for-int
5) Direttiva 2011/95/UE, artt. 1-24.
2) ASGI/SPRAR, La tutela della protezione internazionale e altre forme di protezione, 37-47, 91-113, disponibile online https://www.asgi.it/wp-content/uploads/2020/01/Manuale-per-Operatori-ASGI.pdf
3) ASGI/SPRAR, La tutela dei minori stranieri non accompagnati - Manuale giuridico per l'operatore, pp. 3-15, disponibile online: https://www.asgi.it/wp-content/uploads/2020/01/Manuale-per-Operatori-ASGI-2018.pdf
4) EASO, Guida pratica dell'EASO: requisiti per poter beneficiare della protezione internazionale, pp. 10-41 disponibile online: https://easo.europa.eu/sites/default/files/EASO-Practical-Guide-for-int
5) Direttiva 2011/95/UE, artt. 1-24.
Assessment methods and Criteria
Oral interview.
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 40 hours
Professor:
Pasquero Alberto