INTERNATIONAL CRIMINAL LAW

Anna ORIOLO INTERNATIONAL CRIMINAL LAW

0160100177
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2021/2022

YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
872LESSONS
Objectives
PROVIDE 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.
Prerequisites
NO PREREQUISITES
Contents
OURCES AND CODIFICATION OF INTERNATIONAL CRIMINAL LAW - EVOLUTION OF INTERNATIONAL CRIMINAL LAW AND NULLUM CRIMEN, NULLA POENA SINE LEGE PRINCIPLE: WAR CRIMES, CRIMES AGAINST PEACE, CRIMES AGAINST HUMANITY AND GENOCIDE IN THE INTERNATIONAL JURISPRUDENCE; PIRACY AT SEA; MERCENARIES - THE UNIVERSAL CRIMINAL JURISDICTION PRINCIPLE - THE AUT DEDERE AUT PUNIRE RULE - EUROPEAN UNION AND CRIMINA JURIS GENTIUM - IMPUNITY AND NATIONAL ENFORCEMENT OF INTERNATIONAL CRIMINAL LAW: IMMUNITY OF STATE’S ORGANS; AMNESTY LAW; STATUTORY LIMITATION TO INTERNATIONAL CRIMES - INTERNATIONAL CRIMINAL TRIBUNALS: THE ESTABLISHMENT OF THE ICTY AND ICTR; PRIMACY; «COMPLETION STRATEGY» AND NATIONAL JURISDICTIONS - THE INTERENATIONAL CRIMINAL COURT (ICC) AND THE «MIXED» JURISDICTIONS: JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW; ICC AND THIRD STATES (THE US OPPOSITION TO ICC); THE REVISION OF THE ICC STATUTE AND THE COURT JURISDICTION ON TERRORISM; 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.)
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).
EVAULATION CRITERIA ARE:
MAKING JUDGMENTS: ABILITY TO MAKE AUTONOMOUS JUDGMENTS WITH REGARD TO CONCRETE CASES OF THE INTERNATIONAL CRIMINAL JUSTICE SUCH AS: THE SOURCES, THE 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 SUCH AS, FOR EXAMPLE, THE ABILITY TO CONSULT AND INTERPRET BIBLIOGRAPHICAL, NORMATIVE AND JURISPRUDENTIAL DATA

STUDENTS HAVE TO GAIN AT MINIMUM A 18/30 MARK TO PASS THE TEST.
THE MINIMUM (18) IS ASSIGNED WHERE THE KNOWLEDGE OF THE CENTRAL TOPICS OF INTERNATIONAL CRIMINAL LAW IS SUFFICIENT.
THE MAXIMUM (30) IS ASSIGNED WHERE THE STUDENTS MASTER THE KNOWLEDGE OF THE FUNDAMENTAL TOPICS OF INTERNATIONAL CRIMINAL LAW AND ARE ABLE TO CRITICALLY ANALYZE THE PROBLEMS CONNECTED WITH THEM.
LAUDE IS ASSIGNED WHERE THE STUDENTS ARE ABLE TO FORMULATE AUTONOMOUS ASSESSMENT WITH REGARD TO CONCRETE CASES AND CENTRAL TOPICS OF INTERNATIONAL CRIMINAL LAW

FOR ATTENDING STUDENTS ARE PROVIDED 2 WRITTEN EXAMS IN THE MIDDLE AND AT END OF COURSE OF 120 MINUTES EACH (IN THE MULTIPLE ANSWERED TEST FORM, QUESTIONNAIRES WITH QUESTIONS WITH OPEN ANSWER AND SHORT FREE COMPOSITIONS).
STUDENTS HAVE TO GAIN AT MINIMUM A 18/30 MARK TO PASS EACH WRITTEN TEST.

THE FINAL EVALUATION IS GIVEN BY THE AVERAGE OF THE MARKS GAINED IN EACH EXAM.

Texts
ENRICO AMATI, MATTEO COSTI, EMANUELE FRONZA, INTRODUZIONE AL DIRITTO PENALE INTERNAZIONALE, GIAPPICHELLI, 2016

OR

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)).
STUDENTS HAVE TO ADD TO THE BOOK SUGGESTED FOR THE GENERAL PROGRAM, THE STUDY OF THE FOLLOWING BOOK:
ANNA ORIOLO, LA RESPONSABILITÀ PENALE INTERNAZIONALE DEGLI INDIVIDUI: TRA SOVRANITÀ STATALE E GIURISDIZIONE UNIVERSALE, ESI, NAPOLI, 2008
More Information
EACH LESSON IS PRECEDED BY A RECAPITULATION OF THE EARLIER ONE THAT A STUDENT MAKES WITH MY SUPPORT
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