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INTERNATIONAL LAW OF ARMED CONFLICTS

CODE 104892
ACADEMIC YEAR 2022/2023
CREDITS
  • 6 cfu during the 1st year of 11162 RELAZIONI INTERNAZIONALI (LM-52) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/13
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    MODULES This unit is a module of:
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The intensification of new models of warfare requires the study and analysis of international of armed conflicts and international criminal responsibility of individuals who commit crimina iuris gentium. The course therefore aims to offer highly specialised skills to future experts called upon to collect and analyse data related to armed conflicts, as well as to independently develop innovative solutions to solve the problems.

    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

    Classes take place in person.

    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

    LESSONS

    LESSONS START

    See Aulaweb.

    Usually, classes on international law of armed conflicts start once classes of professor Laura Carpaneto on International peacekeeping law have termineted. This means, usually calsses on international law of armed conflicts begin at half semester.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    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.

    Please note that if in your study plan you have INTERNATIONAL PEACEKEEPING AND HUMANITARIAN LAW - 104891, marks of single modules will appear in your career only once you have sustained both THE LAW OF INTERNATIONAL ORGANIZATIONS (cod. 33640) and INTERNATIONAL LAW OF ARMED CONFLICTS (cod. 104892).

    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

    Date Time Location Type Notes
    13/12/2022 09:30 GENOVA Orale
    10/01/2023 09:30 GENOVA Orale
    24/01/2023 09:30 GENOVA Orale
    23/05/2023 09:30 GENOVA Orale
    13/06/2023 09:30 GENOVA Orale
    11/07/2023 09:30 GENOVA Orale
    11/09/2023 11:00 GENOVA Orale

    FURTHER INFORMATION

    Exceptionally, classes may take place on MS Teams - in this case the code will be indicated on Aulaweb.

    Exceptionally, office hours may take place online (t98lwwd).

    DSA students are recalled to contact the reference person of the Department (prof Aristide Canepa), and not single teachers.