International Criminal Law
A.Y. 2023/2024
Learning objectives
The course aims at providing the students with a good knowledge of: (i) the general principles and substantive rules regarding individual criminal responsibility for crimes under international law - namely war crimes, crimes against humanity, genocide and aggression, and (ii) their enforcement mechanisms both at the national and at the international level. Special focus will be devoted to the foundations and the proceedings of the International Criminal Court.
While the first part of the course will be more aimed at providing the students with a good basic knowledge of the system of international criminal justice, in the second part, students will be more actively involved during the classes. In particular, students will be asked to present topics in form of case studies elaborated in teams; this activity will strengthen both the critical analysis skills of the students, in applying the theoretical notions acquired to real cases, and their capacity to work in group.
While the first part of the course will be more aimed at providing the students with a good basic knowledge of the system of international criminal justice, in the second part, students will be more actively involved during the classes. In particular, students will be asked to present topics in form of case studies elaborated in teams; this activity will strengthen both the critical analysis skills of the students, in applying the theoretical notions acquired to real cases, and their capacity to work in group.
Expected learning outcomes
The course aims at providing students with the following competences:
· understanding the specific features of international criminal law in respect to other neighboring subjects;
· knowing the mechanisms and characteristic of international tribunals;
· interpreting and understanding legal provisions and case-law regarding international criminal justice;
· strengthening personal capacity to work in group and to present the proposed case studies;
· developing personal, independent and critical analysis on worldwide situations and cases involving international criminal responsibility.
· understanding the specific features of international criminal law in respect to other neighboring subjects;
· knowing the mechanisms and characteristic of international tribunals;
· interpreting and understanding legal provisions and case-law regarding international criminal justice;
· strengthening personal capacity to work in group and to present the proposed case studies;
· developing personal, independent and critical analysis on worldwide situations and cases involving international criminal responsibility.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Possible use of Teams and other platforms to teach remotely in case of need
Course syllabus
Students will learn about the origins of International Criminal Law (ICL), which can be traced to the Nuremberg and Tokyo trials held after World War II, and the most recent developments of ICL, following the establishment of the two ad hoc Tribunals for the former Yugoslavia and for Rwanda (ICTY and ICTR), the International Criminal Court (ICC) and a number of other internationalized or hybrid tribunals over the past 25 years. We will analyze the first "codification" of substantive principles of ICL contained in the Rome Statute of the International Criminal Court, which entered into force in 2002. The course will also deal with the enforcement mechanisms of ICL; to this end, we will focus both on the procedure and the case law of the International Criminal Court and we will refer to the role of the national legal systems in ensuring accountability for international crimes also through the princliple of Universal Jurisdiction.
Prerequisites for admission
Possible use of Teams and other platforms to teach remotely in case of need
Teaching methods
The lectures will be held by the teacher and also, whenever possible, by experts/practitioners who will be invited during the course to talk on specific topics. The students will be involved as much as possible in the discussions in the classroom and will be tasked with short presentations on cases which will be assigned to them during the course to be prepared in small groups.
Teaching Resources
All materials will be uploaded for the students on the Ariel website: there is no handbook to study in order to prepare the exam. Suggested textbooks for further insights:
- G. Werle, F. Jessberger, Principles of International Criminal Law, 4th ed., Oxford University Press, 2020.
- C. Stahn, A Critical Introduction to International Criminal Law, Cambridge University Press, 2018 (free access: https://www.cambridge.org).
- G. Werle, F. Jessberger, Principles of International Criminal Law, 4th ed., Oxford University Press, 2020.
- C. Stahn, A Critical Introduction to International Criminal Law, Cambridge University Press, 2018 (free access: https://www.cambridge.org).
Assessment methods and Criteria
The students will be graded through a written intermediate test (facultative but encouraged), and a final oral mandatory exam. Exams are aimed at assessing the understanding and the knowledge of the general principles and substantive rules of international criminal law, its establishment and enforcement, the features of international crimes as well as the provisions regulating the attribution of criminal liability before international tribunals, with special focus on the ICC.
Students' grade will also take into account their performance during group presentations on the proposed case-studies, their personal analysis and critical elaboration, and ability to conduct team-work.
Students' grade will also take into account their performance during group presentations on the proposed case-studies, their personal analysis and critical elaboration, and ability to conduct team-work.
Educational website(s)
Professor(s)
Reception:
upon appointment ([email protected])