International law of armed conflict
A.A. 2023/2024
Obiettivi formativi
The course is divided in two parts. The first part is devoted to the analysis of international rules, conventional and customary, relating to international and non international armed conflicts. The second part will focus on international crimes of individuals (mostly consisting of violations of the international law of armed conflict or committed in armed conflict situations) and on international criminal tribunals, with a special focus on the International Criminal Court. 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.
Risultati apprendimento attesi
By the end of the course, the students will have acquired the basic concepts and the logic of the international law of armed conflict and of international criminal law. On the basis of the acquired knowledge, they shall be able to apply those concepts and logic to the analysis of specific cases. This objective will be achieved through the direct involvement of students in the analysis of cases decided by international criminal tribunals and through their active involvement in the simulation of an international trial. These activities will enable them to solve new problems, linked to the present day reality, by applying the rules also to hypothetical situations, while strengthening 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 può essere seguito come corso singolo.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Terzo trimestre
Programma
Programme for attending students.
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.
3. The law of belligerent occupation. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
Programme for non-attending students.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status 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.
3. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
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.
3. The law of belligerent occupation. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
Programme for non-attending students.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status 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.
3. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
Prerequisiti
Students are expected to have acquired a basic knowledge of international law.
Metodi didattici
Analysis of cases. In-class team exercise on selected international crimes.
Seminars with the participation of experts are contemplated.
Seminars with the participation of experts are contemplated.
Materiale di riferimento
For attending students:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022, pp. 1-79, 82-149, 157-301, 303-323, 337-349 (corresponding to the following paragraphs: 1-220, 225-427, 452-908, 915-983, 1032-1062).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
For non-attending students:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022, pp. 1-349.
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022, pp. 1-79, 82-149, 157-301, 303-323, 337-349 (corresponding to the following paragraphs: 1-220, 225-427, 452-908, 915-983, 1032-1062).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
For non-attending students:
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022, pp. 1-349.
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Modalità di verifica dell’apprendimento e criteri di valutazione
Attending students may take one or two written intermediate exams.
The first intermediate exam will take place at the end of the 2nd module. It 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 second intermediate exam will take place at the end of the third module. It will only be available to attending students obtaining a sufficient or higher grade in the first intermediate exam. It will consist of both multiple-choice and open questions on the remaining part of the programme.
Attending students obtaining a sufficient or higher grade in both exams will not be required to take the final oral exam. Their final grade for the course will result from the mathematical average of the grades obtained in the two intermediate exams. The grade for the first intermediate exam will account for two thirds, the grade for the second intermediate exam will account for one third. However, should someone decline to accept their grade, or the grade for the first intermediate exam, they shall take the final oral exam.
Non-attending students, as well as attending students who do not obtain a sufficient grade in either one of the or both intermediate exams or decline to accept their grade, shall take the final oral exam. This will be based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second part of the course and to articulate proper reasoning on hypothetical case situations. Students having passed the first intermediate exam, but not having undertaken the second, shall take the final oral exam only in relation to the third module. In that case, the grade obtained for the first intermediate exam will account for two thirds of the final grade.
The first intermediate exam will take place at the end of the 2nd module. It 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 second intermediate exam will take place at the end of the third module. It will only be available to attending students obtaining a sufficient or higher grade in the first intermediate exam. It will consist of both multiple-choice and open questions on the remaining part of the programme.
Attending students obtaining a sufficient or higher grade in both exams will not be required to take the final oral exam. Their final grade for the course will result from the mathematical average of the grades obtained in the two intermediate exams. The grade for the first intermediate exam will account for two thirds, the grade for the second intermediate exam will account for one third. However, should someone decline to accept their grade, or the grade for the first intermediate exam, they shall take the final oral exam.
Non-attending students, as well as attending students who do not obtain a sufficient grade in either one of the or both intermediate exams or decline to accept their grade, shall take the final oral exam. This will be based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second part of the course and to articulate proper reasoning on hypothetical case situations. Students having passed the first intermediate exam, but not having undertaken the second, shall take the final oral exam only in relation to the third module. In that case, the grade obtained for the first intermediate exam will account for two thirds of the final grade.
Siti didattici
Docente/i
Ricevimento:
Da concordare via email.
Ricevimento:
Mercoledì, ore 9.30-12.30, per appuntamento, in presenza o su Microsoft Teams (codice di accesso: hrauyh5). Il nuovo orario di ricevimento si applica a partire dal 22 settembre 2021. Il ricevimento precedente avrà luogo giovedì 16 settembre, ore 9.30-12.30.
stanza 26, dip. Studi internazionali, giuridici e storico-politici, via Conservatorio 7