HUMAN RIGHTS AND HUMANITARIAN LAW IN ARMED CONFLICTS
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- FRANCESCO SALERNO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/13
Training objectives
- The course aims at providing a good understanding of the international regulation of armed conflicts. It concerns the principal rules on the ius in bello, according to the law-making process in International law.
The examination of case-studies supports the operative implementation of legal knowledge of international rules. Prerequisites
- Basic notions of international law and constitutional law. Students who have not yet passes the exams of Constitutional Law and Foundations of Private Law, will not be admitted to sit the exam.
Course programme
- 1) The use of force in international law. International, and non-international armed conflicts. Multilateral operations: peace-keeping and peace-enforcement of the UN or authorized by the UN. 2) Sources of International Humanitarian Law (IHL) and Human Rights Law: IHL as lex specialis and its coordination with general international law. Implementation of IHL at the national level. 3) The international responsibility for unlawful acts. Consequences of unlawful acts for the States. 4) The principles of distinction, proportionality and precaution. 5) The protection of the victims of armed conflicts. 6) The international regime on military occupation. 7) National and international mechanisms and procedures to ensure compliance with international law in armed conflicts. 8) National and international repression of war crimes.
The course involves 34 hours of lectures and 6 hours of modeling and simulation activity carried out at the COA-AM headquarters, where students will work in small groups towards the solution of one or more case-studies. 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. The course’s website includes a wide selection of teaching materials. A modeling and simulation activity is carried out , where students will work in small groups towards the solution of one or more case-studies. Except for such last activity and the round table, the course will be held online here: https://meet.google.com/vwd-iodh-ryc
Learning assessment procedures
- Oral exam integrated with the evaluation of the performance of the group during the simulation.
Reference texts
- A. Annoni, F. Salerno, La tutela internazionale della persona umana nei conflitti armati (Cacucci, 2023)
Reference to Codice di diritto internazionale umanitario, by Greppi e Venturini, Torino, 2012, is recommended.
