INTERNATIONAL CRIMINAL LAW
Marina Mancini, Rosario Salvatore Aitala
Marina Mancini
mmancini@luiss.it
Instructional goals
The course analyses the fundamentals of international criminal law, considering the relevant treaties and resolutions and the case law of international criminal tribunals. The course aims at providing the students with a good knowledge of the international crimes and the mechanisms for their repression.
Prerequisites
No prerequisites
Intended learning outcomes
Knowledge and understanding: The student, through course attendance and individual study, will gain specific knowledge of fundamental principles and institutions of international criminal law and of international mechanisms of repression of international crimes. Such knowledge will be ascertained by means of an oral exam.
Applying knowledge and understanding: The student, by acquiring the right tools and method, will be able to interpret and apply the fundamental principles and institutions of international criminal law to practical cases.
Making judgements: The student will gain the ability to analyse practical cases independently and to make critical judgements on the application of relevant international norms to them.
Communication skills: The student will be able to develop and express his/her point of view on practical cases, correctly using the legal terminology.
Learning skills: The knowledge gained during the course will allow the student to independently analyse practical cases, finding and studying relevant international norms, case law and scholarly opinions.
Course Contents
The concept of international crime and its evolution; sources of international criminal law; modes of liability in international criminal law; war crimes; crimes against humanity; the crime of genocide; the crime of aggression; other international crimes; the first attempts to create an international criminal tribunal; the International Military Tribunals at Nuremberg and Tokyo; the International Criminal Tribunals for the former Yugoslavia and Rwanda; the International Criminal Court; hybrid courts.
Reference Books
R. S. Aitala, Diritto internazionale penale, Firenze, Le Monnier Università, 2021.
The course web site contains treaties, resolutions and judgements which will be analysed in class.
Teaching Methods
On-campus lectures
Assessment Method
During the oral exam, the student is required to show that he/she knows the fundamental principles and institutions of international criminal law and the mechanisms of repression of international crimes and that he/she is able to apply such knowledge to practical cases. The student is expected to be able to use the appropriate technical and legal vocabulary and to show that he/she has developed the learning and study skills necessary to further study also independently international criminal law.
The following criteria will be applied to assign the final grade, expressed in thirtieths: knowledge of the fundamental principles and institutions of international criminal law and of the mechanisms of repression of international crimes and ability to apply the notions acquired to practical cases (65%); appropriate use of the technical and legal vocabulary and acquisition of the learning and study skills necessary to further study international criminal law (35%). Learning gaps on one or more principles, institutions or mechanisms will lead to an insufficient evaluation, even in presence of a basic knowledge of the subject.
Thesis assignment criteria
Having passed the exam.
Week 1
Notion and structure of crimes under international law. Sources of international criminal law. Evolution and general principles of international criminal law.
Week 2
The repression of war crimes in the peace treaties of the First World War. The Nuremberg International Military Tribunal. The new categories of crimes against peace and crimes against humanity. The Nuremberg trial.
Week 3
Law no. 10/1945 of the Control Council for Germany. The International Military Tribunal for the Far East. The 1950 Nuremberg Principles. The 1948 Genocide Convention.
Week 4
The grave breaches of the 1949 Geneva Conventions. The grave breaches of the 1977 Additional Protocol I. Common Article 3 of the 1949 Geneva Conventions and the 1977 Additional Protocol II.
Week 5
The armed conflict in the former Yugoslavia and the establishment of the International Criminal Tribunal for the former Yugoslavia. Jurisdiction and structure of the International Criminal Tribunal for the former Yugoslavia.
The Krstic case.
Week 6
The armed conflict in Rwanda and the establishment of the International Criminal Tribunal for Rwanda. Jurisdiction and structure of the International Criminal Tribunal for Rwanda. The Akayesu case. The completion strategy and the International Residual Mechanism for Criminal Tribunals.
Week 7
The International Criminal Court: jurisdiction and structure.
Week 8
The relationship between the International Criminal Court and national jurisdictions: the principle of complementarity. Cooperation between States and the International Criminal Court. Situations and cases before the International Criminal Court.
Week 9
The crime of genocide in the ICC Statute and case law. Crimes against humanity in the ICC Statute and case law. War crimes in the ICC Statute and case law. The amendments to Article 8 of the ICC Statute.
Week 10
The crime of aggression: the amendments to the ICC Statute. The implementation of the ICC Statute in the Italian legal system.
Week 11
Hybrid courts: overview. The Extraordinary Chambers in the Courts of Cambodia: cases.
Week 12
Modes of liability in international criminal law. Joint commission of international crimes.
Command/superior responsibility.