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.
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.
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
Basic and fundamental notions of public international law
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).
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
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).
Ricevimento: In person: Office at Albergo dei poveri, every Monday, 10.00-12.00 (eventually online teams t98lwwd).
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)
See official calendar.
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
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
TEAMS code online classes (if necessary): see aulawebpage
TEAMS code online oral exams (if necessary): t98lwwd
