Complementary Course: Legal Clinic in International Criminal Law and Case Analysis
A.Y. 2023/2024
Learning objectives
As part of the legal clinic in international criminal law, students will be involved in the analysis of practical cases relating to the commission of international crimes, such as cases of concerning the commission of genocide, crimes against humanity, war crimes or aggression, with the aim of delineating and ascertaining the responsibilities of the individuals involved and supporting any criminal proceedings instituted in this regard before International, Italian or foreign tribunals.
In particular, the students will deal with actual cases pending before international tribunals or domestic courts. Students will first be guided in understanding the context of the case (of a "macro" dimension, as opposed to common crimes) and the related legal analysis, and then led to participate in the full handling of the case, from defining the legal strategy, to drafting documents and, where possible, participating in the proceedings, including any hearings.
The cases under discussion fit within the framework of so-called strategic litigation, a form of human rights advocacy that uses legal litigation to achieve "strategic" outcomes beyond the individual case, with the goal of bringing about change not only in law, but also within the relevant social system.
In particular, the students will deal with actual cases pending before international tribunals or domestic courts. Students will first be guided in understanding the context of the case (of a "macro" dimension, as opposed to common crimes) and the related legal analysis, and then led to participate in the full handling of the case, from defining the legal strategy, to drafting documents and, where possible, participating in the proceedings, including any hearings.
The cases under discussion fit within the framework of so-called strategic litigation, a form of human rights advocacy that uses legal litigation to achieve "strategic" outcomes beyond the individual case, with the goal of bringing about change not only in law, but also within the relevant social system.
Expected learning outcomes
Working on concrete cases, students will learn to identify diriment legal issues from the perspective of criminal law and in particular international criminal law, and to define possible defensive strategies through the application of the Legal Clinic's own method. The cases proposed will be real cases involving the direct involvement of the lecturer, and students will, as far as possible, have opportunities to actually intervene in the proceedings. Participants in the clinic will thus learn to draft legal documents aimed at establishing or supporting the case, in the form of criminal complaints, complaints to international criminal tribunals and legal opinions intended for judicial bodies to assist in the handling of a case (as a so-called amicus curiae).
Students will have the opportunity to broaden the horizon of analysis and work on their own legal, as well as social and political sensitivities within a broader context; sensitivities necessary as lawyers who wish to deal in the future with strategic litigation cases related to the protection of human rights and commission of international crimes.
Students will have the opportunity to broaden the horizon of analysis and work on their own legal, as well as social and political sensitivities within a broader context; sensitivities necessary as lawyers who wish to deal in the future with strategic litigation cases related to the protection of human rights and commission of international crimes.
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
The program includes a theoretical-methodological part, focusing on the Legal Clinic method, and a part of in-depth study of the subject of the course, varying according to the selected cases of International Criminal Law.
The first part will include specifics related to the international context, with a presentation of the different mechanisms of international criminal justice (at the level of international courts and domestic courts) and the concept of strategic litigation in international criminal law. Deontological aspects will be considered with respect to case selection methods, the relationship with victims and so-called do-no-harm principles. Fundamentals of legal writing will then be provided to students, with particular attention to the type of acts required by the selected cases.
The second part will be devoted to an in-depth study of international criminal law issues relevant to the selected cases. These may range, by way of example, from cases of lethal drone attacks, systematic violations committed against migrants in the Mediterranean Sea to international crimes committed in the context of the situation in Israel/Palestine and the related open investigation before the International Criminal Court.
The first part will include specifics related to the international context, with a presentation of the different mechanisms of international criminal justice (at the level of international courts and domestic courts) and the concept of strategic litigation in international criminal law. Deontological aspects will be considered with respect to case selection methods, the relationship with victims and so-called do-no-harm principles. Fundamentals of legal writing will then be provided to students, with particular attention to the type of acts required by the selected cases.
The second part will be devoted to an in-depth study of international criminal law issues relevant to the selected cases. These may range, by way of example, from cases of lethal drone attacks, systematic violations committed against migrants in the Mediterranean Sea to international crimes committed in the context of the situation in Israel/Palestine and the related open investigation before the International Criminal Court.
Prerequisites for admission
The exam of criminal law is propaedeutic. It is strongly recommended that students wishing to participate in the law clinic have already taken the exams of International law and International criminal law, to which this module is a perfect complement. It is in any case necessary to be at least attending the International criminal law course.
Students who wish to participate in the project are required to have initiative, excellent knowledge of English, organisational and teamwork skills, and a critical spirit.
PLEASE NOTE: In order to participate in the Clinic, it is necessary to pre-register by sending an email to the professor indicating that you meet the above requirements, possibly by February 15, 2024 ([email protected]). The professor reserves the right to limit the number of places available depending on demand and resources.
Students who wish to participate in the project are required to have initiative, excellent knowledge of English, organisational and teamwork skills, and a critical spirit.
PLEASE NOTE: In order to participate in the Clinic, it is necessary to pre-register by sending an email to the professor indicating that you meet the above requirements, possibly by February 15, 2024 ([email protected]). The professor reserves the right to limit the number of places available depending on demand and resources.
Teaching methods
The methodology adopted is the one typical of Legal Clinics. Students will be divided into small groups, each of which will be assigned an ongoing practical case dealing with international crimes. The work will be carried out in exchange and coordination with the lawyers and human rights organisations working on the case (as for instance Amnesty International or Human Rights Watch or ECCHR), as well as under the supervision of the International criminal law professor in charge and the chair's collaborators. Students will be guided in the work, which they will be expected to do as much as possible independently, confronting the application to the case of the theoretical concepts learned in the criminal law and international criminal law courses.
Students will be required to regularly attend weekly lectures aimed at providing the theoretical-methodological training necessary to approach the practical case as well as to delve into international criminal law issues related to the practical cases.
Students will be required to regularly attend weekly lectures aimed at providing the theoretical-methodological training necessary to approach the practical case as well as to delve into international criminal law issues related to the practical cases.
Teaching Resources
Materials needed for case discussion and preparation will be indicated in class and uploaded to the Ariel teaching platform.
Assessment methods and Criteria
Legal Clinic does not, by its very nature, involve an actual examination. Assessment will be made on the basis of participation in class discussions, as well as the performance of assigned activities to be done at home. At the end of the course, each group will be required to present their case work in front of their classmates and case owners. The participation in the Clinic attributes three credits.
IUS/17 - CRIMINAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Meloni Chantal
Shifts:
Turno
Professor:
Meloni ChantalEducational website(s)
Professor(s)
Reception:
upon appointment ([email protected])