International law of armed conflict
A.A. 2024/2025
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 classification of armed conflicts, including belligerent occupation; lawful combatancy; lawful targets of attack.
2. Prohibited means and methods of warfare; protection of civilians and civilian objects; special protection of certain categories of persons and objects.
3. International crimes and international criminal tribunals, in particular the International Criminal Court.
Programme for non-attending students.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the classification of armed conflicts, including belligerent occupation; lawful combatancy; lawful targets of attack; prohibited weapons.
2. Protection from Attack of Civilians and Civilian Objects; special protection of certain categories of persons and objects; protection of the natural environment; specific methods of warfare.
3. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes; crimes against humanity; genocide; 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 classification of armed conflicts, including belligerent occupation; lawful combatancy; lawful targets of attack.
2. Prohibited means and methods of warfare; protection of civilians and civilian objects; special protection of certain categories of persons and objects.
3. International crimes and international criminal tribunals, in particular the International Criminal Court.
Programme for non-attending students.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the classification of armed conflicts, including belligerent occupation; lawful combatancy; lawful targets of attack; prohibited weapons.
2. Protection from Attack of Civilians and Civilian Objects; special protection of certain categories of persons and objects; protection of the natural environment; specific methods of warfare.
3. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes; crimes against humanity; genocide; 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
Attending students:
- Notes taken in class;
- Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022 (chapters 1-9);
- D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 (chapters: 1-4, 7-11, 14).
Non-attending students:
- Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022 (chapters 1-9);
- D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 (chapters: 1-14).
- Notes taken in class;
- Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022 (chapters 1-9);
- D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 (chapters: 1-4, 7-11, 14).
Non-attending students:
- Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Fourth ed., Cambridge University Press, Cambridge, 2022 (chapters 1-9);
- D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 (chapters: 1-14).
Modalità di verifica dell’apprendimento e criteri di valutazione
Attending students may take an intermediate exam. This will take place at the end of the second module and consist of both multiple-choice and open questions. Attending students obtaining a sufficient or higher grade in this intermediate exam will have to take the final exam on the remaining part of the programme. Their final grade for the course will result from the mathematical average of the grades obtained in the intermediate exam and the final exam. The grade for the intermediate exam will account for two thirds, the grade for the final exam will account for one third.
Non-attending students, as well as attending students who do not obtain a sufficient grade in the intermediate exam or decline to accept their grade, shall take the final exam.
The final exam will be written. Further information will be published on the Ariel webpage of the course in due time.
Non-attending students, as well as attending students who do not obtain a sufficient grade in the intermediate exam or decline to accept their grade, shall take the final exam.
The final exam will be written. Further information will be published on the Ariel webpage of the course in due time.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 9
Lezioni: 60 ore
Docente:
Favuzza Federica
Turni:
Turno
Docente:
Favuzza FedericaDocente/i
Ricevimento:
Da concordare via email.