International law of armed conflict

A.A. 2020/2021
Crediti massimi
Ore totali
Obiettivi formativi
The course is divided in two parts. The first part is devoted to the analysis of international rules, conventional and customary, relating to international and non international armed conflicts. The second part will focus on international crimes of individuals (mostly consisting of violations of the international law of armed conflict or committed in armed conflict situations) and on international criminal tribunals, with a special focus on the International Criminal Court. The purpose of the course is to provide students with the capacity to understand and to handle this specialized field of international law. At the same time it aims to prepare them, especially through the study of cases decided by international criminal tribunals and through their active involvement in the simulation of an international trial, to be able to solve new problems, linked to the present day reality, by applying the rules also to hypothetical situations. These activities should also strengthen their critical thinking in a field characterized by strong ethical connotations, and their ability to communicate orally and in writing.
Risultati apprendimento attesi
Non definiti
Programma e organizzazione didattica

Edizione unica

Terzo trimestre
If required by the emergency situation, the course will be taught online live, on Microsoft Teams, and the recorded lessons will be uploaded on the same platform.
Details relating to the organization of the intermediate exam will be communicated to students in due time. Further details will be posted on the Ariel website of the course.
The programme and reference materials will not change.
1. The rules applicable in international armed conflicts: the origins, the sources, the general principles; the legal regime relating to the status and treatment of combatants and prisoners of war, the protection of the civilian population, the means and methods of warfare.
2. The rules applicable in non international armed conflicts. International crimes and international criminal tribunals: notions, sources, history. The elements of international crimes; general principles; war crimes, crimes against humanity, genocide. Moot court exercises.
3. The law of belligerent occupation. The crime of aggression. Modes of participation in international crimes and defences. International criminal tribunals, in particular, the International Criminal Court: structure, jurisdiction, immunities; investigations, prosecutions, procedure, sentencing; fair trial.
There are no specific requirements, apart from course progression.
Metodi didattici
Moot Court exercises (simulations of international criminal law trials with the active involvement of students) will be organized during the second module of the course: the best performances will be awarded with the addition of one or two points to the student's final grade. Seminars with the participation of experts are contemplated.
Materiale di riferimento
1. Y. DINSTEIN, The Conduct of Hostilities under the Law of International Armed Conflict, Third ed., Cambridge University Press, Cambridge, 2016, pp. 1-69, 72-128, 135-262, 264-282, 287-297 (corresponding to the following paragraphs: 1-185, 189-343, 364-712, 719-777, 798-822).
2. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 1-3, 7-10 (pp. 3-94, 183-289).
3. D. GUILFOYLE, International Criminal Law, Oxford University Press, Oxford, 2016 chapters: 4-6, 11-14 (pp. 95-179, 291-417).
Supplementary materials will be indicated during the course.
Modalità di verifica dell’apprendimento e criteri di valutazione
At the end of the first part dealing with International Humanitarian Law (1st module + beginning of the 2nd module) there will be a written exam for students attending the lectures. This intermediate exam will consist of two open questions on the first part of the programme, aiming to stimulate the student's capacity to formulate the knowledge acquired in a clear and critical manner and to apply it to concrete cases. The final exam is oral, based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second part of the course and to articulate proper reasoning on hypothetical case situations. The mark obtained for the intermediate exam will account for one half of the final mark.
Lezioni: 60 ore
Docente: Pedrazzi Marco
Mercoledì, ore 10-13, su Microsoft Teams. Team: Office hours. Codice di accesso: hrauyh5. L'ultimo ricevimento dell'anno 2020 è posticipato a giovedì 17 dicembre, orer14.30-17.30.
stanza 26, dip. Studi internazionali, giuridici e storico-politici, via Conservatorio 7