91192 - International Criminal Justice

Learning outcomes

At the end of the course students will have learned: the foundational principles of international criminal law and justice; the historical evolution of international criminal justice and its current mechanisms; how to critically analyse the different responses to international crimes. Students are expected to acquire the necessary skills to identify the political and juridical main concerns of the selected different contexts and mechanisms - whether at the national or international level, retributive or restorative.

Course contents

The course will examine the theoretical and practical aspects of international criminal justice. Subsequently, the course will proceed to examine the concept of international crimes and the fundamental distinction between retributive and restorative justice models. Thereafter, the course will focus on the different and numerous mechanisms of international criminal justice.

The first part of the course is devoted to an examination of the fundamental tenets and historical development of international criminal law and justice. In particular, the course will examine the experience of the Nuremberg Tribunals, as well as the development of further mechanisms and institutions, both at a national and international level, including the International Criminal Court (ICC). The latter represents a significant case study, which offers a convenient vantage point from which to discern the characteristic traits of international crimes (large-scale violence accompanied by the requisite of “gravity”) along with the related obstacles to effective prosecution. After an overview of the trigger mechanisms of the Court, the course examines some relevant features of the Court (e.g., the Court’s composition, the criteria for the appointment of judges) as well as some of the most controversial judicial decisions, which have prompted debate about the challenges of a potentially universal jurisdiction. These decisions include, for example, those in the situations of Libya, Burundi, Comoros Islands (incident of “Freedom Flotilla for Gaza”), Myanmar, Sudan and Afghanistan.

Particular emphasis is placed on other mechanisms of a retributive nature that have been established to prosecute international crimes. These include the experience of the ad hoc Tribunals for the former Yugoslavia and Rwanda, but above all the mixed (or hybrid) tribunals, which have emerged as a manifestation of an alternative paradigm of international justice. This paradigm involves, in various forms, national players in the efforts to deliver justice (e.g. judges, lawyers, victims, activists). It is noteworthy that the Extraordinary Chambers in the Courts of Cambodia were established to try the former leaders of the Khmer Rouge, while the Kosovo Specialist Chambers and Prosecutor’s Office, and the Extraordinary African Chambers in Senegal were created to try former Chadian ruler Hissène Habré.

The second part of the course examines some of the most intriguing and pioneering experiences that are anchored in the tenets of restorative justice, including the various Truth and Reconciliation Commissions. In this regard, the course analyses the Latin American experience, with particular reference to the cases of Colombia, Argentina and Peru. The South African Truth and Reconciliation Commission will be treated as a case study of particular relevance.

The last part of the course is devoted to an examination of the most notable rulings handed down by regional human rights courts (notably, the European and Inter-American Courts of Human Rights) and national courts (from Latin America, Spain, Germany, Italy and France) on international crimes. The objective is to identify and examine the salient issues pertaining to international criminal justice at both the national and international levels. In particular, the course will focus on the challenging task of balancing the pursuit of substantive justice with the maintenance of strict and formal legality, and the competing demands of peace and justice.

Special attention will be paid to ensuring the active involvement of students throughout the course, with contributions from practitioners and the provision of assignments designed to guide students in understanding practical cases, particularly those involving lawyers and judges. Additionally, activities will be arranged to train students in actual case solutions.

Part I – International Crimes

· Definition

· Categories of international crimes

· International criminal justice: history and evolution (from the Nuremberg Tribunals; to the International Criminal Court)

· The Statute of Rome of the International Criminal Court. The system of the International Criminal Court: jurisdiction, complementarity, admissibility, procedural law and other general principles.

· The proliferation of international criminal Tribunals: evolution and future perspectives of hybrid models (Cambodia, Senegal, Kosovo, Sierra Leone and more)

· The International Criminal Court crisis? An overlook on most controversial recent case law (in particular the Bemba case, the Gbagbo case, Afghanistan, Head of State’s immunity)

· The International Criminal Justice as a sui generis system: the tensions characterising prevention and repression of international crimes.

Part II – Restorative Justice

· Transitional Justice: concept and evolution

· The Truth Commissions: a comparative analysis

· Latin America as an international criminal justice “laboratory”: analysis of national Supreme Courts and tribunals decisions

Part III – The tensions and concerns of international criminal justice

· Analysis of some cases of the European Court of Human Rights and comparative analysis with judgments of the Inter-American Court of Human Rights on criminal law matters (international crimes, victims’ rights, right to truth, right to justice)

· Analysis of national decisions on the principle of legality; statutory limitations and amnesty prohibition.

Readings/Bibliography

The Syllabus will be made available also on the Virtuale platform for the use of all enrolled students.

For attending students, mandatory readings may be assigned to specific lectures. In such an event, the students will be duly informed at the appropriate time, and the Syllabus will be updated to reflect the mandatory readings assigned. Students will be expected to come to class prepared to engage in discussion about the assigned material. Attendance and active participation will be considered in the overall assessment for this course.

The texts and materials pertaining to the cases discussed during the course will be made available on Virtuale, along with any additional readings that may be identified during classes.

Teaching methods

The course will consist of lectures and additional seminars and activities to further analyse some specific topics and encourage students’ involvement. The lectures will provide a systematic explanation of the syllabus, accompanied by an examination of relevant case law.

The lectures will adopt a comparative approach, analysing both domestic and international case law in order to provide practical examples of the main issues related to the protection afforded by international human rights and humanitarian law. This methodology enables students to gain an understanding of the “bigger picture”, to consider the range of mechanisms for redress – including both contentious and non-contentious approaches – and to appreciate the significance of the legal, historical and political contexts.

It is expected that students will actively participate in the classes in order to develop their critical thinking skills. Individual seminars or classes will be taught by professionals and academics with extensive experience in international and European criminal law. Moreover, documentaries and movies may be employed to illustrate some of the most crucial aspects concerning the internationalisation of criminal law and justice.

Class attendance will be taken at each class. Students who collect five or more absences from shall not be allowed to sit the exam as attending students and will have instead to follow the instructions for non-attending students.

Assessment methods

The final exam consists of an individual take-home written assignment on a topic to be chosen from a comprehensive list that will be provided to students at the beginning of the course.
The selected topic must be communicated via e-mail to the Professor. Should students wish to address a more expansive topic (among those provided in the list) from a particular perspective, they must first obtain the Professor's approval via email.

- Attending students are required to submit a research paper of a minimum of 4,000 and a maximum of 4,400 words;

- Non-attending students are required to submit a research paper of a minimum of 8,000 and a maximum of 8,800 words;

The word count shall not include footnotes, bibliography, title page and table of contents.

Papers should include a bibliography at the end, listing all cited works and cases, and should include footnotes. Papers with no footnotes and/or no bibliography will be given a failing grade.

Important guidelines for your paper

Papers should not consist in a mere juxtaposition of cases and/or legislation and should be analytical. The inclusion of a personal opinion on the topic is permitted, provided that it is supported by a robust analysis and a comprehensive bibliography.

You should rely mainly on books, law journal articles and cases (NEVER on Wikipedia). In order to conduct your research, you should go to the Law School library and in case you have difficulties, please schedule an appointment with a librarian who can teach you how to access databases.

Papers should be written in English (spelling must be consistent and can be American or British). Papers should be written in a clear, correct, idiomatic and comprehensible manner.

EVALUATION and SUBMISSION OF PAPERS

For attending students: the lecturer has the discretion to adjust the grade in a manner that reflects the level of active participation demonstrated by the student during the course of the classes.

Deadlines: Papers are to be submitted 2 weeks before the “Appello” (exam date) in which the student wishes to enroll. Students should submit their papers using the Microsoft Form link made available on the “Virtuale” platform. Further instructions will be provided in the submission form.

IMPORTANT NOTICE: Students must ensure to enroll in the final exam through Almaesami on https://almaesami.unibo.it/almaesami/welcome.htm . You will need to enroll on AlmaEsami for us to officially attest your passing of the exam and grade.

On the date of the exam, the student will receive an e-mail with the assigned grade. During the exam session, your physical presence is not required. The Professor will simply proceed with the administrative registration of your grades in the system.

Disclaimer:

Please note that we follow a zero-tolerance policy against plagiarism. Plagiarism will result in a failing grade.

The use of generative artificial intelligence (AI) and other AI-powered tools and apps is regulated by the course’s AI policy, which will be made available on the “Virtuale” platform

Teaching tools

To facilitate the comprehension and learning of the Syllabus, the course will be presented with the support of PowerPoint slides.

Students with disabilities or specific learning disorders (DSA) who require additional support will be able to refer to the Professor to discuss their needs and be directed to the relevant personnel to then agree on specific assistance and accommodations.

Erasmus students may request an adjustment to the programme in accordance with the terms of their learning agreement from the Professor.

Office hours

See the website of Emanuela Fronza