Giurisprudenza | INTERNATIONAL CRIMINAL LAW

cod. 0160100177

INTERNATIONAL CRIMINAL LAW

	0160100177
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2015/2016

CURRICULUM INTERNAZIONALISTICO ord. 2006

	YEAR OF DIDACTIC SYSTEM 2006
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/13	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	PROVIDING STUDENTS WITH THE BASIC, THEORETICAL AND PRACTICAL, TOOLS IN ORDER TO INTERPRET AND APPLY THE INTERNATIONAL CRIMINAL LAW IN THE FIELDS OF LEGAL PROFESSIONS, DIPLOMACY, ORGANIZATIONS AND COURTS BOTH INTERNATIONAL AND OF THE EUROPEAN UNION. EXPECTED LEARNING OBJECTIVES KNOWLEDGE AND UNDERSTANDING: KNOWLEDGE OF THE CENTRAL ISSUES OF INTERNATIONAL CRIMINAL LAW SUCH AS INDIVIDUAL CRIMINAL RESPONSIBILITY AND SYSTEMS OF REPRESSION OF INTERNATIONAL CRIMES (JUDICIAL COOPERATION IN CRIMINAL MATTERS; INTERNAL (OR INDIRECT) REPRESSION OF CRIMES; INTERNATIONAL (OR DIRECT) REPRESSION OF CRIMES; INTEGRATED SYSTEMS OF INTERNATIONAL CRIMINAL JUSTICE) APPLYING KNOWLEDGE AND UNDERSTANDING: ABILITY TO CRITICALLY ANALYZE ISSUES RELATED TO THE PROSECUTION OF INTERNATIONAL CRIMES, NOT ONLY AT THE UNIVERSAL LEVEL BUT ALSO AT REGIONAL AND EUROPEAN ONES. MAKING JUDGMENTS: ABILITY TO MAKE AUTONOMOUS JUDGMENTS WITH REGARD TO CONCRETE CASES OF THE INTERNATIONAL CRIMINAL JUSTICE, CONSCIOUSLY INTERPRETING AND APPLYING THE INFORMATION GAINED DURING THE COURSE: THE SOURCES OF LAW, CASE LAW AND THE DIFFERENT SCHOLARS APPROACHES COMMUNICATION SKILLS: ACQUISITION OF LEGAL AND TECHNICAL LANGUAGE AND OF ARGUMENTATIVE SKILLS TYPICAL OF THE LEGAL PROFESSIONS THAT WILL ENABLE STUDENTS TO ACT EVEN AT SUPRANATIONAL LEVEL (EG, INTERNATIONAL AND EU COURTS, TRIBUNALS AND INSTITUTIONS) LEARNING SKILLS: ABILITY TO DEVELOP AND UPDATE THE KNOWLEDGE THROUGH THE SKILLS ACQUIRED DURING THE COURSE SUCH AS, FOR EXAMPLE, THE ABILITY TO CONSULT AND INTERPRET BIBLIOGRAPHICAL, NORMATIVE AND JURISPRUDENTIAL DATA

PROVIDING STUDENTS WITH THE BASIC, THEORETICAL AND PRACTICAL, TOOLS IN ORDER TO INTERPRET AND APPLY THE INTERNATIONAL CRIMINAL LAW IN THE FIELDS OF LEGAL PROFESSIONS, DIPLOMACY, ORGANIZATIONS AND COURTS BOTH INTERNATIONAL AND OF THE EUROPEAN UNION.

EXPECTED LEARNING OBJECTIVES

KNOWLEDGE AND UNDERSTANDING:

KNOWLEDGE OF THE CENTRAL ISSUES OF INTERNATIONAL CRIMINAL LAW SUCH AS INDIVIDUAL CRIMINAL RESPONSIBILITY AND SYSTEMS OF REPRESSION OF INTERNATIONAL CRIMES (JUDICIAL COOPERATION IN CRIMINAL MATTERS; INTERNAL (OR INDIRECT) REPRESSION OF CRIMES; INTERNATIONAL (OR DIRECT) REPRESSION OF CRIMES; INTEGRATED SYSTEMS OF INTERNATIONAL CRIMINAL JUSTICE)

APPLYING KNOWLEDGE AND UNDERSTANDING:

ABILITY TO CRITICALLY ANALYZE ISSUES RELATED TO THE PROSECUTION OF INTERNATIONAL CRIMES, NOT ONLY AT THE UNIVERSAL LEVEL BUT ALSO AT REGIONAL AND EUROPEAN ONES.

MAKING JUDGMENTS:

ABILITY TO MAKE AUTONOMOUS JUDGMENTS WITH REGARD TO CONCRETE CASES OF THE INTERNATIONAL CRIMINAL JUSTICE, CONSCIOUSLY INTERPRETING AND APPLYING THE INFORMATION GAINED DURING THE COURSE: THE SOURCES OF LAW, CASE LAW AND THE DIFFERENT SCHOLARS APPROACHES

COMMUNICATION SKILLS:

ACQUISITION OF LEGAL AND TECHNICAL LANGUAGE AND OF ARGUMENTATIVE SKILLS TYPICAL OF THE LEGAL PROFESSIONS THAT WILL ENABLE STUDENTS TO ACT EVEN AT SUPRANATIONAL LEVEL (EG, INTERNATIONAL AND EU COURTS, TRIBUNALS AND INSTITUTIONS)

LEARNING SKILLS:

ABILITY TO DEVELOP AND UPDATE THE KNOWLEDGE THROUGH THE SKILLS ACQUIRED DURING THE COURSE SUCH AS, FOR EXAMPLE, THE ABILITY TO CONSULT AND INTERPRET BIBLIOGRAPHICAL, NORMATIVE AND JURISPRUDENTIAL DATA

	Prerequisites
	NO PREREQUISISTES

	Contents
	THE PRINCIPLE OF INTERNATIONAL CRIMINAL RESPONSIBILITY OF INDIVIDUALS. - DEFINITION, SOURCES AND CONTENT OF INTERNATIONAL CRIMINAL LAW. - CODIFICATION THE CRIMES AND WORKS OF UN INTERNATIONAL LAW COMMISSION - GENERAL PRINCIPLES OF CRIMINAL LAW - CORE CRIMES (WAR CRIMES, CRIMES AGAINST PEACE, CRIMES AGAINST HUMANITY, SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW, GENOCIDE). - TREATY CRIMES (INTERNATIONAL TERRORISM, DRUG TRAFFICKING). - THE EVOLUTIVE INTERPRETATION OF THE RULES OF INTERNATIONAL CRIMINAL LAW AND THE PRINCIPLE OF LEGALITY (CRIME OF TERROR AGAINST THE CIVILIAN POPULATION, CRIMES AGAINST THE ENVIRONMENT AND CULTURAL GENOCIDE). - THE RETURN OF MARITIME PIRACY AND "THE ENRICA LEXIE CASE"; THE INTERNATIONAL CRIMINAL RESPONSIBILITY OF MERCENARIES AND UNLAWFUL COMBATANTS. - STATE REPRESSION OF INTERNATIONAL CRIMES (THE PRINCIPLE OF UNIVERSAL CRIMINAL JURISDICTION - THE RULE AUT DEDERE AUT JUDICARE). - THE FIGHT AGAINST IMPUNITY OF CRIMINALS AND INTERNATIONAL LIMITS TO NATIONAL REPRESSION OF CRIMES: THE IRRELEVANCE OF THE STATE'S ORGANS IMMUNITY, THE PROHIBITION OF AMNESTY; THE STATUTORY LIMITATIONS TO INTERNATIONAL CRIMES). - EUROPEAN UNION AND INTERNATIONAL CRIMINALS. - THE INTERNATIONAL CRIMINAL TRIBUNALS: FROM THE INTERNATIONAL MILITARY TRIBUNAL AT NUREMBERG TO THE INTERNATIONAL CRIMINAL COURT. - THE LEGAL BASIS OF THE AD HOC INTERNATIONAL CRIMINAL TRIBUNALS FOR THE FORMER JUGOSLAVIA AND RWANDA; THE PRIMACY OF AD HOC TRIBUNALS; THE MECHANISM OF COMPLETION OF THE MANDATES OF ICTY AND ICTR. - THE INTERNATIONAL CRIMINAL COURT: ENSTABLISHMENT, JURISDICTION, ADMISSIBILITY, COMPLEMENTARITY, APPLICABLE LAW. - COMPOSITION AND ADMINISTRATION OF THE COURT. - ICC STATUTE AND THIRD STATES: THE US OPPOSITION.- THE REVIEW CONFERENCE OF THE ICC STATUTE AND THE CRIME OF AGGRESSION. - THE 'HYBRID' SYSTEMS OF INTERNATIONAL CRIMINAL JUSTICE.

Contents

THE PRINCIPLE OF INTERNATIONAL CRIMINAL RESPONSIBILITY OF INDIVIDUALS. - DEFINITION, SOURCES AND CONTENT OF INTERNATIONAL CRIMINAL LAW. - CODIFICATION THE CRIMES AND WORKS OF UN INTERNATIONAL LAW COMMISSION - GENERAL PRINCIPLES OF CRIMINAL LAW - CORE CRIMES (WAR CRIMES, CRIMES AGAINST PEACE, CRIMES AGAINST HUMANITY, SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW, GENOCIDE). - TREATY CRIMES (INTERNATIONAL TERRORISM, DRUG TRAFFICKING). - THE EVOLUTIVE INTERPRETATION OF THE RULES OF INTERNATIONAL CRIMINAL LAW AND THE PRINCIPLE OF LEGALITY (CRIME OF TERROR AGAINST THE CIVILIAN POPULATION, CRIMES AGAINST THE ENVIRONMENT AND CULTURAL GENOCIDE). - THE RETURN OF MARITIME PIRACY AND "THE ENRICA LEXIE CASE"; THE INTERNATIONAL CRIMINAL RESPONSIBILITY OF MERCENARIES AND UNLAWFUL COMBATANTS. - STATE REPRESSION OF INTERNATIONAL CRIMES (THE PRINCIPLE OF UNIVERSAL CRIMINAL JURISDICTION - THE RULE AUT DEDERE AUT JUDICARE). - THE FIGHT AGAINST IMPUNITY OF CRIMINALS AND INTERNATIONAL LIMITS TO NATIONAL REPRESSION OF CRIMES: THE IRRELEVANCE OF THE STATE'S ORGANS IMMUNITY, THE PROHIBITION OF AMNESTY; THE STATUTORY LIMITATIONS TO INTERNATIONAL CRIMES). - EUROPEAN UNION AND INTERNATIONAL CRIMINALS. - THE INTERNATIONAL CRIMINAL TRIBUNALS: FROM THE INTERNATIONAL MILITARY TRIBUNAL AT NUREMBERG TO THE INTERNATIONAL CRIMINAL COURT. - THE LEGAL BASIS OF THE AD HOC INTERNATIONAL CRIMINAL TRIBUNALS FOR THE FORMER JUGOSLAVIA AND RWANDA; THE PRIMACY OF AD HOC TRIBUNALS; THE MECHANISM OF COMPLETION OF THE MANDATES OF ICTY AND ICTR. - THE INTERNATIONAL CRIMINAL COURT: ENSTABLISHMENT, JURISDICTION, ADMISSIBILITY, COMPLEMENTARITY, APPLICABLE LAW. - COMPOSITION AND ADMINISTRATION OF THE COURT. - ICC STATUTE AND THIRD STATES: THE US OPPOSITION.- THE REVIEW CONFERENCE OF THE ICC STATUTE AND THE CRIME OF AGGRESSION. - THE 'HYBRID' SYSTEMS OF INTERNATIONAL CRIMINAL JUSTICE.

	Teaching Methods
	WE COMBINE: 1) TRADITIONAL TEACHING METHOD: FRONTAL LESSON (EV. WITH SLIDES) WITH MAINLY THEORETICAL PURPOSE; 10 MINUTES FOR QUESTIONS; 2) ACTIVE METHOD: INTERACTIVE SEMINARY WORK, WITH CASE STUDIES; STUDY MATERIAL (COPIES, ETC,) TO BE DELIVERED TO STUDENTS; SPEECH ABOUT A PARTICULAR ARGUMENT; DISCUSSION ABOUT GENERAL ARGUMENTS; 3) INNOVATIVE TEACHING METHODS: STUDENTS ARE PROVIDED WITH A SET OF MULTIMEDIA MATERIALS (E.G.: INTERNET SITES, PROJECTIONS OF TEXTS AND DOCUMENTS RELEVANT INTERNATIONAL LAW; PROJECTIONS OF FILMS AND DEBATE; POWERPOINT FILES, ETC.)

Teaching Methods

WE COMBINE: 1) TRADITIONAL TEACHING METHOD: FRONTAL LESSON (EV. WITH SLIDES) WITH MAINLY THEORETICAL PURPOSE; 10 MINUTES FOR QUESTIONS; 2) ACTIVE METHOD: INTERACTIVE SEMINARY WORK, WITH CASE STUDIES; STUDY MATERIAL (COPIES, ETC,) TO BE DELIVERED TO STUDENTS; SPEECH ABOUT A PARTICULAR ARGUMENT; DISCUSSION ABOUT GENERAL ARGUMENTS; 3) INNOVATIVE TEACHING METHODS: STUDENTS ARE PROVIDED WITH A SET OF MULTIMEDIA MATERIALS (E.G.: INTERNET SITES, PROJECTIONS OF TEXTS AND DOCUMENTS RELEVANT INTERNATIONAL LAW; PROJECTIONS OF FILMS AND DEBATE; POWERPOINT FILES, ETC.)

	Verification of learning
	FINAL ORAL EXAM; WRITTEN EXAMS DURING THE COURSE (IN THE FORM OF MULTIPLE CHOICE TEST AND QUESTIONS WITH OPEN ANSWER IN WHICH THE STUDENT CAN FREELY ANSWER)

	Texts
	GIULIANA ZICCARDI CAPALDO, DIRITTO GLOBALE. IL NUOVO DIRITTO INTERNAZIONALE,GIUFFRÉ, MILANO, 2010: SCHEDA TEORICA DI BASE 1 (PP. 3-26); CHAPTER 4, PAR. 2.2 (PP. 223-229); SCHEDA TEORICA DI BASE 7 (PP. 429-440); CHAPTER 9 (PP. 507-528)) ; CHAPTER 10 (PP. 529-562)).