International Strategies against Organized Crime

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The teaching aims at transmitting knowledge and understanding of the international strategies against transnational organized crime. It also intends to foster students' capability to grasp the essence of the topic of transnational organised crime, to develop their capability to assess autonomously complex legal issues, and to discuss critically about them. The prevailing part of the course (first and second module) is devoted to examining the legislative policies and operative instruments against transnational organized crime developed within the framework of the United Nations and European Union, with a specific focus on the suppression of and judicial cooperation against transnational organized crime. The third module aims to analyse the role of cultural and educational programmes to prevent transnational organized crime internationally.
Expected learning outcomes
At the end of the course students shall master the fundamental characters, as well as the main problems emerging from the legal and cultural strategies envisaged by the International Community to tackle transnational organized crime, and will also have to be in the position to frame future United Nations and European Union activities in new international scenarios of organized crime. While attending the course, students will be required to perform research tasks, hence becoming familiar with electronic case-law and legislation databases (i.e. UNODC Sherloc Portal), scholarly collections, and other on-line resources. Such skills, which may be used for autonomous research purposes, will be suitable to be eventually resorted to both in the course of their studies and in their future profession.
Course syllabus and organization

Single session

Responsible
Lesson period
Second trimester
Teaching of International strategies against organized crime
link: https://www.unimi.it/it/corsi/insegnamenti-dei-corsi-di-laurea/2021/str…
Lessons will start on January 12, 2021 at 08.30 am via the teams platform. To join the team use the following code: a81b43u (Ponti channel)
Course syllabus
Program (modules 1 and 2): transnational crimes in international law: definition, classification, sources and legal regime; the institutional structure and role of the United Nations in the prevention and suppression of transnational crimes: the suppression conventions; the action of the United Nations and the negotiations on the Convention against Transnational Organized Crime (UNTOC); the notion of organized crime in the UNTOC; examination of the repressive profiles of the UNTOC: definition of crimes, rules on jurisdiction and international police and judicial cooperation in criminal matters; the UNTOC and the protection of human rights; the additional protocols to the UNTOC on trafficking in human beings, smuggling of migrants and trafficking in firearms; the implementation of the UNTOC and protocols thereto: the UNTOC Review Mechanism and the Sherloc Portal (Sharing Electronic Resources and Laws on Crime); the European Union and the fight against organized crime: institutional framework, policies and sources; the acts of legislative harmonization and the framework decision against organized crime; the principle of mutual recognition and the main instruments on judicial cooperation in criminal matters; the European Union agencies for the fight against transnational crime (Eurojust and Europol).
Program (module 3): the third module's program is divided into three parts. The first will cover the emergence of the concept of "culture of lawfulness" at the national and international levels. The second will take into exam the activities of some international institutions such as the United Nations in the prevention of transnational organized crime, with a focus and the initiative "Education for Justice". The last part will discuss the role of non-governmental organizations (NGO) in building international networks and in the development of a process of the "identification" of criminal phenomena.
Prerequisites for admission
Mastery of the basics of international law.
Teaching methods
The lessons will be held on the Microsoft Teams platform and can be followed both synchronously on the basis of the second quarter timetable and asynchronously, because they will be recorded and left available to students on the Ariel platform.
Teaching Resources
Material (for attending students)

Modules 1 and 2:
1) Boister N., An Introduction to Transnational Criminal Law, Oxford University Press, Second Edition, 2018, chapters 1, 2, 8, 21 e 22; (also available in e-book format);
or
- Ponti C., Crimini transnazionali e diritto internazionale, Giuffrè Editore, 2010, chapters 1, 2, 3 e 4;

2) Hecker B., The EU and the Fight against Organised Crime, in P. Hauck-S. Peterke, (eds.) International Law and Transnational Organised Crime, Oxford University Press, 2016, chapter 4 (pp. 63-83);

Module 3:
3) Meli, I. e Montefusco, M. Il teatro come strumento di promozione della cultura della legalità. L'esperienza delle Nazioni Unite in tre casi, in Rivista di Studi e Ricerche sulla criminalità organizzata, v. 6 (2), 2020, pp. 70-100 (available on-line);

other reference material will be indicated to students after the beginning of the Course (also on Ariel Platform).


Material (for non-attending students)

Modules 1 and 2:
1) Boister N., An Introduction to Transnational Criminal Law, Oxford University Press, Second Edition, 2018, chapters 1, 2, 8, 16, 17, 18, 20, 21 e 22; (also available in e-book format);
or
2) Ponti C., Crimini transnazionali e diritto internazionale, Giuffrè Editore, 2010 (full book);

3) Ponti C., Le prospettive della Convenzione di Palermo e il ruolo della società civile dopo l'istituzione del Review Mechanism, in Rivista di studi e ricerche sulla criminalità organizzata, vol. 5 (4), 2019, pp. 54-73 (available on-line);

4) Hecker B., The EU and the Fight against Organised Crime, in P. Hauck-S. Peterke, (eds.) International Law and Transnational Organised Crime, Oxford University 2016, chapter 4 (pp. 63-83);

Module 3:
5) Meli, I. e Montefusco, M. (2020) Il teatro come strumento di promozione della cultura della legalità. L'esperienza delle Nazioni Unite in tre casi, in Rivista di Studi e Ricerche sulla criminalità organizzata, v. 6 (2), 2020, pp. 70-100 (available on-line);

other reference material will be indicated to non-attending students after the beginning of the Course on Ariel Platform
Assessment methods and Criteria
Attending students will be asked to pass an intermediate examination (through moodle platform+proctorio) answering to two open questions on two different topics that form part of the first two modules of the course program. With reference to the third module the students are required to write a paper on a case study of their choice, that will be agreed with the teacher. This paper will be discussed during an oral exam. This will take place on the Microsoft Teams platform or, where the regulations allow, in presence, always in oral form. The final grade of attending students will also include the evaluation of participation in the analysis of the case studies proposed in class.
Non-attending students will take an oral exam at the end of the course using the Microsoft Teams platform or, where the regulations allow, in presence, always in oral form. In order to pass the exam, students will be required to have, at least, a sufficient knowledge of all the topics studied. Students' ability to link among legal issues, even resorting to the examples that are offered by the practice, and their legal problem solving skills will also be evaluated, together with their mastery of legal language and communication skills.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours