|SCIENTIFIC DISCIPLINARY SECTOR||IUS/13|
|MODULES||Questo insegnamento è un modulo di:|
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
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”
Basic and fundamental notions of public international law
Classes take place in person. See infra section below Additional information for online
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).
TEACHERS AND EXAM BOARD
Ricevimento: Ricevimento / Student's Office hours. Tutti i Lunedì dalle 10.00 alle 12.00 Mondays, from 10.00 to 12.00 Office: Albergo dei poveri, secondo piano. Online: Eccezionalmente e previo accordo via mail / exceptionally and upon email appointment (TEAMS 8y70ghi).
STEFANO DOMINELLI (President)
LAURA CARPANETO (President Substitute)
FRANCESCA MAOLI (Substitute)
FRANCESCO PESCE (Substitute)
PIETRO SANNA (Substitute)
"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 14.02.2023 (Dr. Giovanni Sciaccaluga) - 12 hours;
- The Law of International Organizations: start 23.2.2023 (Prof. Laura Carpaneto);
- International law of Armed Conflicts: start 28.3.2023 (Prof. Stefano Dominelli).
L'orario di tutti gli insegnamenti è consultabile all'indirizzo EasyAcademy.
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.
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
Exceptionally, due to the decision of the Department in the month of December 2022, all classes for the master degree (Laurea magistrale) are in presence, with online streaming on teams. Students wishing to follows classes may autonomously enroll on the team (iga2pbh). It is stressed, consistently with the syllabus (scheda insegnamento) published online in June 2022, that only students attending 2/3 of classes in presence will be allowed to take the written exam. It is also stressed that the direct (on teams) or indirect (by other means) recoding of classes will be not authorised and not allowed.
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.