84708 - International and European Criminal Law

Learning outcomes

This course aims to provide students with a general understanding of the international framework, the European criminal law and the complex issues relating to the relationship between criminal law and human rights. The first part of the course will examine the most important provisions of international criminal law and in particular of the Rome Statute of International Criminal Court. Furthermore, particular attention will be paid to the ad hoc Tribunals for the Former Yugoslavia and Rwanda, the mixed tribunals and the relevant case-law of these courts. A special focus will be dedicated to the Truth and Reconciliation Commissions and other alternative mechanisms of transitional justice as well. The second part of the course will analyse European criminal law and in more depth, the European Convention of Human Rights. Specified attention will be paid to the decisions of the European Court of Human Rights, their influence on national law and the jurisprudence of the international criminal jurisdictions. During the course, the analysis of the law cases will be extremely useful in order to examine relevant issues, such as, the principle of legality, the definition of international crimes, statutory limitations, the duty to punish gross human rights violations and victims’ rights. The course will use both the comparative method and the analysis of (national and international) leading cases, in order to show empirical examples of the various issues related to the protection of human rights. The chosen methodology allows a wider vision, which does not ignore pluralism of mechanisms and the importance of the legal, historical and political context in which a decision is rendered. The course is based on a participatory, active learning approach, with an emphasis on critical reflection. Some practitioners and scholars working on international and European criminal law will be invited to give specific lectures. Documentaries and movies will be used to demonstrate some key aspects of the internationalisation of criminal law and justice. This approach will lend knowledge and awareness of the peculiar features of this new dimension of criminal law, that is marked by multiple interactions and multiple actors both national and supranational. The main purpose of the course is to give students keys to interpret and apply legal texts of international and European criminal law, make legal research and solve the cases involving the fundamental questions of the International and European criminal law.

Course contents

This course aims to provide students with a general understanding of International Criminal Law, European criminal law and the complex issues relating to the relationship between criminal law and human rights.

 

The first part of the course will examine the most important provisions of international criminal law and in particular of the Rome Statute of International Criminal Court. Particular attention will be paid to the ad hoc Tribunals for the Former Yugoslavia and Rwanda, the mixed tribunals and the relevant case-law of these courts. A special focus will be dedicated to Truth and Reconciliation Commissions and other alternative mechanisms of transitional justice.

The second part of the course will analyse European criminal law and, more specifically, the European Convention of Human Rights. The decisions of the European Court of Human Rights and their influence on national law and the case law of the international criminal jurisdictions will be examined thoroughly. Throughout the entire duration of the course, the analysis of the case-law will prove useful to examine relevant criminal law issues, such as the principle of legality, the definition of international crimes, statutory limitations, the duty to punish gross human rights violations, and victims’ rights.

Readings/Bibliography

A list of compulsory readings will be published online at the beginning of the course. Additional optional readings will be indicated throughout the entire course.

Teaching methods

This course is characterised for the extensive use of both the comparative method and the analysis of (national and international) leading cases, in order to provide empirical examples of the various issues related to both the protection of human rights and humanitarian law. The chosen methodology facilitates the study of the issues at hand from a wide perspective, which does not ignore the pluralism of judicial and non judicial mechanisms and the importance of the legal, historical, and political context in which decisions are rendered.

The course adopts a participatory and active learning approach, with an emphasis on critical reflection. Professionals and scholars working on international and European criminal law will be invited to deliver individual lectures. Documentaries and movies will be used to show some key aspects of the internationalisation of criminal law and justice. This approach will facilitate the understanding of the peculiar features of this new dimension of the criminal law, which is characterised by multiple interactions and actors both nationally and supranationally. The main purpose of the course is to provide students with tools to interpret and apply legal texts of international and European criminal law, conduct high-quality legal research, and untangle cases involving fundamental questions of international and European criminal law.

Assessment methods

The final examination will consist of an oral exam.

Students who attend the course and Erasmus students may agree with the Lecturer on the elaboration of an essay in substitution of part of the programme for the oral exam.

Supervision for the final dissertation

Supervision for the final dissertation is offered with preference to students who have attended the course and successfully sat the exam.

Other criteria that will be taken into account are:

• The student’s interest in the subject, demonstrated not only by his or her exam records in the areas of international and criminal law, but also by other experiences, such as internships and pro bono work, relating to the topics of the course;
• A working knowledge of foreign languages (in particular English, Spanish, German, and French). Passive knowledge of languages different from Italian is essential for supplementing the research with non-Italian documents and academic works;
• Participation in Erasmus or other exchange programmes, in particular if accompanied by the attendance of international and European criminal law courses.

The topic of the dissertation will be agreed after a preliminary interview finalised at ascertaining the student’s inclinations and aspirations. Where possible, freedom of choice as regards the topic of the thesis will be left to the student. Students are encouraged to propose a topic for their final thesis. The Lecturer will assess the suitability of the topic, based on her expertise, past thesis, and the student’s abilities.

Teaching tools

In addition to the compulsory readings, students will benefit from the insights of professionals and scholars who have worked extensively in the field of international or European criminal law and who will be invited to deliver individual lectures. Students will have the opportunity to assist to a hearing of the ICC and the CJEU in Luxembourg, and to meet professionals in international and European criminal law, as part of a study trip.

Films and documentaries on international criminal justice and transitional justice will be shown throughout the course with the aim of familiarising students with the most problematic issues arising from the relationship between criminal law and fundamental rights.

Guidance and support will be provided to students seeking internship opportunities at European and international institutions, such as international criminal courts and tribunals, European courts, the Inter-American Court for Human Rights, or NGOs.

Office hours

See the website of Emanuela Fronza