INTERNATIONAL CRIMINAL JUSTICE

Rosario Salvatore Aitala

Instructional goals

The course aims at providing students with the understanding of the principles and the substantive and procedural rules of international criminal law, through the historical developments of the idea of individual criminal liability for international crimes and in-depth study of the law and its jurisprudential applications, particularly before the International Criminal Court.

Prerequisites

None

Intended learning outcomes

Students will develop good knowledge of substantive norms of international criminal law, of the structure of international crimes and of procedures for their repression and will acquire the capacity to determine law to concrete cases. Students will be able to independently form their own views on events of present times.

Course Contents

History and evolution of international criminal law. Fundamentals of international criminal law. Elements of international crimes. Modes of liability. War crimes, crimes against humanity, genocide, aggression, terrorism. Prosecution and punishment of international crimes. The Nuremberg and Tokyo Tribunals. The ad hoc tribunals. The International Criminal Court.

Reference Books

Cassese's International Criminal Law, Third Edition, Oxford University Press 2013 Cassese's International Law, Third Edition, Oxford University Press 2020 (pp. 427-453) Materials will be provided on the web site on case law and other matters discussed during classes

Teaching Methods

On campus lessons

Assessment Method

While a written intermediate non compulsory test may be taken, at the final oral exam students will have to demonstrate knowledge of the fundamental principles of international criminal law, of the structure of international crimes and of procedural rules; and the ability to apply principles and norms to concrete cases, including of situations of mass atrocities in the present time.

Thesis assignment criteria

Passing of the oral test

Week 1

Origins and evolution of international criminal law. Fundamental principles. The principle of legality.

Week 2

The elements of international crimes. The objective structure. The mental element.

Week 3

Modes of Liability

Week 4

Circumstances excluding criminal liability. Obedience to superior orders. Immunities

Week 5

International humanitarian law. War crimes.

Week 6

Crimes against humanity

Week 7

Genocide

Week 8

The Nuremberg and Tokyo Tribunals

Week 9

The Ad Hoc Tribunals

Week 10

The International Criminal Court. Structure and jurisdiction

Week 11

Situations and Cases before the International Criminal Court

Week 12

International Criminal Justice to the test of history. Is international law in a crisis?