Scientific Disciplinary Sector (SSD)
IUS/17 - CRIMINAL LAW
2° periodo di lezioni - aprile/maggio 2018, 2° periodo di lezioni - febbraio/marzo 2018
The course entirely in English aims to develop at a more specialized level the conceptual, methodological and cultural basis, necessary to address extremely actual and in constant evolution topics concerning the international dimension of Criminal Law. Therefore the contents learned through the fundamental course concerning Criminal Law (“Diritto penale I” or “Diritto penale”) represents the prerequisite for the following acquisitions.
The course is divided in two parts.
A. First of all, the focus is on the “International Criminal Law” strictu sensu, which encompasses, in particular, the so called “international crimes” (or “core crimes”), their origin and the different categories (war crimes, crimes against humanity, genocide, crime of aggression) will be analysed in the light of the principle of individual criminal responsibility, provided by the Statutes of the International Tribunals and concretely applied. The jurisprudence of the permanent International Criminal Court (ICC), established by the Rome Statute of 1998, as well as the most relevant decisions of the Nuremberg and Tokyo International Military Tribunals (IMT and IMTFE), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), will be the object of a deep analysis.
B. The other part of the course will focus also on matters of “European criminal law”, this being understood as both the areas of criminal jurisdiction explicitly attributed to the European Union (arts. 83, 86 and 325 Treaty on the Functioning of European Union), of which some harmonization and cooperation instruments will be considered (in particular in the field of terrorism, cybercrime and copyright, trafficking in human beings and illegal immigration, child pornography); and the system of the protection of fundamental rights under the European Convention on Human Rights, especially with regard to the obligations of penal protection weighing on the national judicial systems (e.g. prohibition of torture and inhuman and degrading treatment).
As result of the course the students are aware of the supranational dimension of criminal law, whose importance is already in these days fundamental and cannot be in any way underestimate, in particular in the future perspectives. Last but not least, the use of English allows the students to acquire the ability to use a correct and appropriate language and to access to the relevant legal sources and case law in the original language. English is the language used by the entire international community to communicate.
The course is divided in the following three didactic units:
1. Origin and evolution of international criminal law strictu sensu from the creation of the International Criminal Tribunals of Nuremberg and Tokyo (IMT and IMTFE) to the establishment, with the Rome Statute, of the permanent International Criminal Court (ICC); analysis of the international crimes, with specific regard to the crimes within the jurisdiction of the ICC (war crimes, crimes against humanity, genocide, crime of aggression); analysis of the legal tools and case law on the principle of individual criminal responsibility for international crimes (with particular attention to arts. 25, 28, 30 of the Rome Statute).
2. National criminal law and European criminal law: evolution and process of “Europeanization” of criminal law; role of the jurisprudence of the European Court of Justice; Lisbon Treaty and the new explicit penal competences of the European Union in the fight against transnational crimes (child pornography, trafficking of human beings, illegal immigration, cybercrime, terrorism, organized crime, etc.) and in the assurance of effectiveness to the European policies (financial market regulation and environmental protection); penal protection of the European financial interests; establishment of an European Public Prosecutor.
3. The protection of the Fundamental Rights: role of the Council of Europe and function of the European Court of Human Rights (ECHR); relations between the Convention for the Protection of Human Rights and Fundamental Freedoms and European Union; relations between ECHR case law and national penal jurisdictions; the obligations of penal protection weighing on the national judicial systems (e.g. the prohibition of torture and inhuman and degrading treatment).
The teaching methods used for attending and non-attending students are different.
For the students who will attend the course, the didactic methods will consist in lectures given by the professors on the most important and relevant topics of “international criminal law” strictu sensu, “European criminal law” and “the protection of human rights”. During the lessons the students will be provided with the key categories and tools to deeply understand the subject, extremely actual and in constant evolution. The teaching will be integrated by specific workshops using as support the most crucial and actual decisions. Furthermore, specific works, doctrinal articles and judgments will be published and made available on line, through the e-learning platform.
With regards to the students who will not attend the course, the study of the recommended books will be integrated thanks to the support of the professors. They will update the students on specific novelties (case law - legislation) through specific communications available on line. Please note that with online registration also non-attending students may have access to the e-learning platform.
During the entire academic year all the students will have the possibility to contact the professors and to meet them during the specific time dedicated to them and indicated on the Department’s website.
Recommended books and materials
The regular consultation of the sources is warmly recommended: International Statutes and Case Law of the International Tribunals are available on their website, in particular of the International Criminal Court: www.icc-cpi.int; European Legislation and Case Law of the European Court of Justice are available on the website of European Union: europa.eu and curia.eu; the text of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Annex Protocols, as well case law of the European Court of Human Right, are available on the website: www.coe.int.
For the students who have attended the course it is sufficient the collection of materials provided by the professors during the course (International Criminal Law - Course materials 2018), available also on the University platform e-learning, which contains a collection of sources of law, legal tools, case law and doctrinal articles on specific topics analysed during the lessons.
For non-attending students, the recommended books are:
- H. SATZGER, International and European Criminal Law, C. H. Beck, München, 2012 (chapters / pages to be arranged with the professors);
or, as an alternative on the first part of the course,
- G. WERLE & F. JESSBERGER, Principles of International Criminal Law, 3rd ed., Oxford University Press, 2014 (chapters/pages to be arranged with the professors)
||International and European Criminal Law
||C. H. Beck, München
||chapters / pages are to be arranged with the professors
|G. WERLE, F. JESSBERGER
||Principles of International Criminal Law
||Oxford University Press
||chapters/pages are to be arranged with the professors
The exam will be in English and will consist of a written test followed by an oral interview. The students who have attended the course and wish to deepen their study on a particular subject, agreed with the professors during the course or workshops, have the possibility to present a short paper on specific topics analysed during the course those subject will be discussed during the oral interview.
The exam has the goals to verify the following elements:
- depth and extent of the understanding and knowledge achieved;
- language properties;
- ability to connect in a systematic way the understanding and knowledge achieved;
- analytical and argumentative skills also in solving cases
The evaluation runs on a scale from 0 to 30/30; the candidate who demonstrates an excellent preparation and exposition ability could achieve the recognition of the laude. Successful completion of the examination starts from 18/30.