OVERVIEW

The course is devoted to the analysis of the rules of international law concerning armed conflicts and the international criminal responsibility of individuals, offering highly specialised knowledge and analytical skills for those who wish to collect and analyse data related to armed conflicts, as well as independently develop innovative solutions.

UN SDG: 16 (Rule of law and access to justice

AIMS AND CONTENT

LEARNING OUTCOMES

Students will acquire advanced methodological tools and knowledge in humanitarian law, and will be able to autonomously understand and analyse current legal issues in the law of international and non-international armed conflicts. Additional voluntary activities will allow students to acquire experience and competence in team work and public speaking

AIMS AND LEARNING OUTCOMES

At the end of the course, students will be able to

• Analyse cases of use of force, and classify them as international or non-international armed conflicts;

• Determine the moment and the conditions from which rules of humanitarian law are applicable;

• Critically analyse and apply rules on land warfare; maritime warfare; air warfare; neutrality; suspension of hostilities;

• Propose new solutions to current challenges and new warfare approaches in the law of armed conflicts;

• Comprehend elements of crimes for core crimes, as well as conditions under which individual criminal liability arises under international law;

• Comprehend and critically assess the functioning of the ICC, also in light of its relationships with the UN Security Council;

• Determine the consequences following the commission of core crimes, as well as consequences connected to the “chain of command”.

PREREQUISITES

Basic knowledge of public international law and good command of English

TEACHING METHODS

Lectures and exams will be held in presence.

All lecturer’s communication will be done via Aulaweb (see link below).

The course consists of face-to-face in-person lectures for a total of 36 hours (equivalent to 6 credits CFU/ECTS), during which theoretical notions will be contextualised in the light of practical (historical and/or current) cases. Occasionally, guests may be invited for in-depth and/or professionalizing lectures.

SYLLABUS/CONTENT

The following topics will be dealt with during classes:

• Evolution of the prohibition of the use of force;

• Exceptions to the prohibition of the use of force in international relations;

• Collective defence;

• Status of military forces abroad;

• Classification of internal and international conflicts;

• Classification of 'combatant';

• Basic principles in the conduct of military operations;

• Rules concerning the use of armed force;

• Rules concerning the protection of civilians and non-military objectives;

• International crimes, and universal and international criminal justice

RECOMMENDED READING/BIBLIOGRAPHY

For book in Italian, see the ‘Scheda insegnamento’ in Italian.

For students attending classes:

Y. Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, Capitoli da 1 a 8 (pp. 1-297);

D. Guilfoyle, International Criminal Law, Oxford University Press, Oxford, 2016, Capitoli da 7 a 14 (pp. 183-417).

For students not attending classes:

Y. Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, Capitolo da 1 a 8, pp. 1-69, 72-128, 135-262, 264-282, 287-297;

D. Guilfoyle, International Criminal Law, Oxford University Press, Oxford, 2016, Capitolo 4 (pp. 95-122) e capitoli da 7 a 14 (pp. 183-417).

TEACHERS AND EXAM BOARD

Exam Board

STEFANO DOMINELLI (President)

ILARIA QUEIROLO

LAURA CARPANETO (President Substitute)

FRANCESCA MAOLI (Substitute)

CLARA PASTORINO (Substitute)

FRANCESCO PESCE (Substitute)

PIETRO SANNA (Substitute)

LESSONS

LESSONS START

"International peacekeeping and humanitarian law" is a course of 72 hours, composed by: - The Law of International Organizations  (prof. Carpaneto) and  International law of Armed Conflicts (prof. Stefano Dominelli). 

The two parts shall be done in sequence. Hence, the Law of Armend conflicts will begin once classes of prof. Carpaneto are over. More in particular:

- Introductory lectures on International peacekeeping and humanitarian law: start TBC - 12 hours;

- The Law of International Organizations: start TBC (Prof. Laura Carpaneto);

- International law of Armed Conflicts: start TBC (Prof. Stefano Dominelli).

EXAMS

EXAM DESCRIPTION

The examination is oral, held in person and only during official exam sessions. It usually consists of three questions on the topics of the programme, and lasts approximately 15 minutes.

The exam, as the course, is in English.

In addition, and exclusively for those who attend two-thirds of the lectures in person, the lecturer may possibly introduce one optional tests during the very last class (multiple choice questions) that exempts from the oral examination for the corresponding part.

It should also be noted that attending in-person at least 50% of the lessons allows students be examined on the programme for 'attending students'.

ASSESSMENT METHODS

Exams aim to test whether the student is able to identify, understand and apply the rules of the law of armed conflicts of the programme, as well as to use appropriate legal terminology.

Exam schedule

FURTHER INFORMATION

For the office hours, check the teacher's personal page.

For DSA: interested persons must get in touch with the departmental contact person and not the lecturer.