International Humanitarian Law

The course's aim is to guide students to understanding contemporary armed conflicts and their repercussions on individual rights and on current migratory flows. A first part of the course introduces students to rules governing hostilities and to basic humanitarian principles during international and non-international armed conflicts. A second part focuses on individual criminal responsibility for crimes committed during armed conflicts and on international criminal courts. A third and final part is dedicated to the system of protection of people fleeing conflict or persecution, with a special focus on refugee law principles and trafficking in human beings. The teaching methodology provides lectures alongside group works and practical exercises.

Modulo I: "Diritto dei conflitti armati e diritto penale internazionale" (3 CFU)
The module aims to provide students with a key to understanding the law governing armed conflicts and basic knowledge of international criminal law. After a premise on the legitimacy of the use of force in international relations, the module will illustrate the rules and principles governing hostilities and the humanitarian principles that apply to international and non-international armed conflicts. The module also aims to provide students with the tools for a critical reading of the mechanisms of contemporary international criminal justice. Some types of international crimes will be analyzed, such as war crimes, crimes against humanity and genocide and the main mechanisms for ascertaining individual responsibility deriving from their commission will be illustrated.

Modulo II: "Protezione internazionale" (6 CFU)
The module aims to provide students with tools and knowledge on refugee law and human rights protection. The module will illustrate the rules that protect foreigners against violations of fundamental rights following expulsion to third countries. Particular emphasis will be given to international, European and Italian standards for the protection of asylum seekers and refugees. The complementary forms of protection existing in European Union law and in the European Convention on Human Rights, as interpreted by the European Court of Human Rights, will also be illustrated. In particular, taking up the topics covered in module I, we will analyze how these rules provide protection to people fleeing armed conflicts and how the commission of international crimes can instead preclude access to protection mechanisms. The principles governing the recognition of international protection in European and Italian law will then be examined in detail. During the lectures, in-depth meetings will be held on specific issues related to contemporary migratory phenomena (human trafficking, gender-based violence, persecution of minors, "externalization" of borders to third countries).