International law of armed conflict
A.A. 2019/2020
Obiettivi formativi
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.
Risultati apprendimento attesi
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.
Periodo: Terzo trimestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Terzo trimestre
Programma
- 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.
- 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.
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.
- 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.
Metodi didattici
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.
Materiale di riferimento
- 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).
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).
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).
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).
Modalità di verifica dell’apprendimento e criteri di valutazione
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 one or two questions aiming to verify the student's ability to understand and to expose topics included in the second part of the second module and to articulate proper reasoning on hypothetical case situations. The grade obtained for the intermediate exam will account for two thirds of the final grade.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 40 ore
Docente:
Pedrazzi Marco
Turni:
-
Docente:
Pedrazzi MarcoDocente/i
Ricevimento:
Mercoledì, ore 9.30-12.30, per appuntamento, in presenza o su Microsoft Teams.
stanza U1, dip. Studi internazionali, giuridici e storico-politici, via Conservatorio 7, primo piano