OVERVIEW

The emergence of new warfare approaches stresses the necessity for a study of the relevant rules on international armed conflicts (the law of war; international humanitarian law), and of international criminal law for the commission of criminal iuris gentium.

AIMS AND CONTENT

LEARNING OUTCOMES

The course shall offer students with theoretical and methodological instruments to comprehend and contextualise the international law of armed conflicts, and international criminal law within the context of the global arena. Acquired competences shall allow students to perform legal, critical and independent analysis over armed conflicts and over the consequences following the violation of rules concerning the use of force and protection of civilians in international law.

AIMS AND LEARNING OUTCOMES

The course is divided into two internal modules, the first focused on the international law of armed conflicts; the second devoted to the study of core crimes under international law and the functioning of the International Criminal Court (ICC).

The first module shall offer students fundamental legal notions related to the use of force during armed international and internal conflicts. The subject matter of the studies will privilege the Geneva Conventions and their protocols on the protection of wounded, sick, shipwrecked, medical personnel, ambulances and hospitals; on the protection of prisoners of war, and civilians.

To ensure acquisition of highly specialised and professionally-relevant skills, the module will devote particular attention to new warfare approaches, such as the use of drones and artificial intelligence within the context of military operations.

The second module shall offer students fundamental legal notions on individual criminal liability under international law for core crimes (crimes against humanity and war crimes). The subject mater of the studies will privilege the ICC Statute, and the Elements of Crimes and Rules of procedure.

To ensure acquisition of highly specialised and professionally-relevant skills, the module will in particular dwell on the possibility or impossibility for the ICC to adjudicate conducts such as international terrorism and online crimes against the sovereignty of a State.

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 and fundamental notions of public international law

TEACHING METHODS

As a rule, teaching is given in person. In accordance with the rules on access to university premises adopted to combat the spread of the pandemic by COVID, lectures may possibly be conducted on TEAMS. If necessary, the TEAMS code will be communicated via aulaweb.

If in-person participation is possible, online attendance will not count for the purposes of the interim written test(s).

SYLLABUS/CONTENT

The first module shall analyse rules concerning land, maritime, air warfare, neutrality, suspension of hostilities.

The second module shall analyse rules on international criminal law, more specifically the ICC Statute.

In both modules, particular attention shall be devoted to current challenges in the respective fields

RECOMMENDED READING/BIBLIOGRAPHY

Students attending classes may integrate their notes taken during classes with:

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).

Students not attending classes may use for their studies the following books:

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

FRANCESCA MAOLI (President)

ILARIA QUEIROLO

LAURA CARPANETO (President Substitute)

STEFANO DOMINELLI (President Substitute)

MARIA ELENA DE MAESTRI (Substitute)

FRANCESCO PESCE (Substitute)

PIETRO SANNA (Substitute)

GIOVANNI SCIACCALUGA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

LESSONS START

See official calendar.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Exams will be oral, and in person. Oral questions are usually three, on topics covered during classes (or by materials for students non attending classes). Duration of the oral examination is generally in the range of 15 minutes.

Students attending in-person classes (2/3 of lectures) will be given the possibility to give one or two written tests (if positive both, students are relieved from the oral exam if the wish). The written test(s) are based exclusively on topics dealt with during classes and usually consist in 30 questions with multiple anser choices. Each correct answers gives one point. Sufficiency is reached with 18 correct answers. Persons passing written exams are not obliged to give the oral exam, if they so wish.

Only if necessary, oral online exams will be held on the following TEAMS t98lwwd

ASSESSMENT METHODS

The exam shall evaluate the capacity of students to comprehend and use technical legal terms and expressions, as well the acquisition by students of the fundamental notions and capacity to apply rules in the field of humanitarian law and international criminal law. The exam shall also verify the acquisition by students of theoretical and methodological concepts and approaches, the ratio surrounding rules, and thinking and reasoning abilities of students called to address complex legal scenarios

Exam schedule

FURTHER INFORMATION

TEAMS code online classes (if necessary): see aulawebpage

TEAMS code online oral exams (if necessary): t98lwwd