Complementary Course: Critical Introduction to International Criminal Law and Case Analysis
A.Y. 2022/2023
Learning objectives
Undefined
Expected learning outcomes
Undefined
Lesson period: Second semester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
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
Second semester
Course syllabus
1. Origins of international criminal law and first criticisms (justice of the victors, principle of legality, desk perpetrators)
2. International criminal law today: the war in Ukraine, the role of national jurisdictions, the accusations of double standards.
3. The role and (in)effectiveness of international law as a tool in the Israeli-Palestinian conflict; the potential of targeted strategic litigation interventions.
ICJ - Apartheid - ICC
4. Anti-terrorism measures after 9/11: "exceptional" categories of law and human rights violations - pt. I
5. Anti-terrorism measures after 9/11: "exceptional" categories of law and violations of human rights - pt. II
6. Role of jurists in justifying the systematic commission of international crimes
7. International criminal justice exercised by domestic jurisdictions: progress and criticisms.
Limits of the CCI, role of states, UJ database
8. Criminalization of immigration vs. criminalization of anti-migration policies: what role for criminal justice in the face of the migration "crisis"?
2. International criminal law today: the war in Ukraine, the role of national jurisdictions, the accusations of double standards.
3. The role and (in)effectiveness of international law as a tool in the Israeli-Palestinian conflict; the potential of targeted strategic litigation interventions.
ICJ - Apartheid - ICC
4. Anti-terrorism measures after 9/11: "exceptional" categories of law and human rights violations - pt. I
5. Anti-terrorism measures after 9/11: "exceptional" categories of law and violations of human rights - pt. II
6. Role of jurists in justifying the systematic commission of international crimes
7. International criminal justice exercised by domestic jurisdictions: progress and criticisms.
Limits of the CCI, role of states, UJ database
8. Criminalization of immigration vs. criminalization of anti-migration policies: what role for criminal justice in the face of the migration "crisis"?
Prerequisites for admission
Have attended, or are attending, the Criminal Law course and the International Law course. The module is the perfect complement to the International Criminal Law course.
Teaching methods
The meetings will be set up in a seminar way, with group readings, comments on sentences and also viewing of films and audiovisual documents relevant to the subject of study and in-depth analysis. Ample space for discussion will be guaranteed and at the same time required of the participants.
Teaching Resources
1.
Reading: Hannah Arendt - Eichmann in Jerusalem
Reading: excerpts from sentences of the Nuremberg trials
2.
Reading: Chantal Meloni, "How to deal with Russian aggression against Ukraine with the tools of international (criminal) law", Criminal System, 19 March 2022
Reading: Ralph Wilde, "Hamster in a Wheel: International Law, Crisis, Exceptionalism, Whataboutery, Speaking Truth to Power, and Sociopathic, Racist Gaslighting", Opinio Juris, March 17, 2022
3.
ICJ - Apartheid - ICC
Reading: Advisory Opinion on the Wall + Request UNGA Res. 77/400
Reading: Noura Erakat, Justice for Some
Case of Michael Sfard who obtained the interruption of the construction of the wall in Battir, invoking the protection of the UNESCO heritage (see also https://forensic-architecture.org/investigation/the-wall-in-battir )
4.
UK/Iraq + US Afghanistan, Guantanamo, Torture Memos
5.
Read: Disrtict Court of DC, Judgment, Ali Jaber v. United States, June 30, 2017
Screening: Death from the Sky
ECCHR drone cases
Forensic Architecture: The Drone Strikes Platform (https://forensic-architecture.org/investigation/the-drone-strikes-platform)
6.
Screening: The Law in These Parts
Guest: Ra'anan Alexandrovicz (director)?
7.
Readings:
- Italian code draft;
- "Syrian" trials in Germany;
8.
Readings:
- Judgment Assizes, Matammud
- Rackete sentence
- Asso judgment 28
- Open Arms case
- ICC Complaint
Reading: Hannah Arendt - Eichmann in Jerusalem
Reading: excerpts from sentences of the Nuremberg trials
2.
Reading: Chantal Meloni, "How to deal with Russian aggression against Ukraine with the tools of international (criminal) law", Criminal System, 19 March 2022
Reading: Ralph Wilde, "Hamster in a Wheel: International Law, Crisis, Exceptionalism, Whataboutery, Speaking Truth to Power, and Sociopathic, Racist Gaslighting", Opinio Juris, March 17, 2022
3.
ICJ - Apartheid - ICC
Reading: Advisory Opinion on the Wall + Request UNGA Res. 77/400
Reading: Noura Erakat, Justice for Some
Case of Michael Sfard who obtained the interruption of the construction of the wall in Battir, invoking the protection of the UNESCO heritage (see also https://forensic-architecture.org/investigation/the-wall-in-battir )
4.
UK/Iraq + US Afghanistan, Guantanamo, Torture Memos
5.
Read: Disrtict Court of DC, Judgment, Ali Jaber v. United States, June 30, 2017
Screening: Death from the Sky
ECCHR drone cases
Forensic Architecture: The Drone Strikes Platform (https://forensic-architecture.org/investigation/the-drone-strikes-platform)
6.
Screening: The Law in These Parts
Guest: Ra'anan Alexandrovicz (director)?
7.
Readings:
- Italian code draft;
- "Syrian" trials in Germany;
8.
Readings:
- Judgment Assizes, Matammud
- Rackete sentence
- Asso judgment 28
- Open Arms case
- ICC Complaint
Assessment methods and Criteria
Classroom discussions, case presentations and personal elaboration of the proposed material. having regularly and actively participated in the course will give the right to the assignment of the relative credits.
Professor(s)
Reception:
upon appointment ([email protected])