INTERNATIONAL MILITARY CRIMINAL LAW
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- Versione italiana
- Academic year
- 2018/2019
- Teacher
- ALESSANDRA ANNONI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/13
Training objectives
- The course will provide students and military personnel with an introduction to the international and domestic criminal rules – both substantive and procedural – concerning the conduct of hostilities and the conduct the conduct to be followed by military personnel in times of peace.
The examination of case-studies supports the operative implementation of legal knowledge of international rules. Prerequisites
- Knowledge of constitutional law, private law, international law and basic notions of criminal law. Students who have not yet passes the exams of Constitutional Law, Foundations of Private Law, International Law, Criminal Law 1, will not be admitted to sit the exam.
Course programme
- 1) The sources of International Humanitarian Law (IHL) (3 hours). 2) implementation of IHL at national level (1 hour). 3) Issues of International criminal law (8 hours): individual criminal responsibility and State responsibility; categories of international crimes; the mental element of the crime; grounds for excluding international criminal responsibility. 4) Issues of International Criminal Procedure (8 hours): the repression of international crimes by international courts; transitional justice and the repression of international crimes; the role of States in the repression of international crimes. 5) Issues of Italian military criminal law (8 hours): the sources; military offence; causes of justification; military sanctions; main military offences. 6) Issues of Italian Military Criminal Procedure (6 hours): scope of jurisdiction of military courts and possible conflicts of jurisdiction with ordinary courts; the repression of international crimes by national courts; the military criminal proceeding. 7) Modeling and simulation activity (8 hours)
Didactic methods
- The course is organized in cooperation with the COA-AM of Poggio Renatico (FE).
Students will attend lectures and conferences held by invited speakers in the period 11-21 February 2019. The course’s gdrive includes a wide selection of teaching materials, as well as the recording of all lectures. A modeling and simulation activity will,be carried out at the COA-AM headquarters, where students will work in small groups towards the solution of one or more case-studies. Transfer of all participants between the Department and the military base of Poggio Renatico will be guaranteed. Learning assessment procedures
- Students not attending classes:
Oral exam, aimed at assessing the attainment of the learning objectives specified above
Students attending classes:
Oral exam, integrated with the evaluation of the performance of the group during the simulation as follows:
- evaluation of the simulation: ottimo (2 additional points)
- evaluation of the simulation: molto buono (1 additional point)
- evaluation of the simulation: buono, sufficiente o insufficiente (no additional points)
To pass the exam, students must score at least 18/30. Reference texts
- E. Greppi, I crimini dell’individuo nel diritto internazionale, UTET, 2012.
D. BRUNELLI- G. MAZZI, Diritto penale militare, Milano, Giuffrè, 2007, limited to the following parts:
- Chapter I (La legge penale militare): parr. 1.1- 1.4, 3, 8.1-8.4, 9.1-9.3;
- Chapter II (Reato militare);
- Chapter III (Cause di giustificazione): parr. 15, 16, 17.1-17.3, 18, 19, 20;
- Chapter V (Pena militare): parr. 26, 27, 28.1-28.3, 29, 30;
- Chapter VII (La parte «speciale» del diritto penale militare): parr. 40, 41;
- Chapter IX (Reati contro il servizio militare): parr. 51, 52;
- Chapter X (Reati contro la disciplina militare): parr. 58, 59, 60, 60.1.1- 60.1.3, 60.2.1-60.2.3;
- Chapter XI (Reati speciali contro l’amministrazione militare, la fede pubblica, la persona, il patrimonio): parr. 64, 65.1; 66.1- 66.2; 68, 68.1;
- Chapter XIII (Giurisdizione penale militare);
- Chapter XIV (Ordinamento giudiziario militare): parr. 79, 80, 81, 82;
- Chapter XV (Processo penale militare): parr. 86, 87, 88, 89, 90;
- Chapter XVI (Condizioni di procedibilità).
