INTERNATIONAL CRIMINAL JUSTICE
Conoscenza generale del diritto internazionale, del diritto penale e della procedura penale.
Il corso ambisce ad accrescere le conoscenze e le competenze relative alla protezione dei diritti fondamentali sul piano internazionale.
The course will focus on the criminal proceedings before the International Criminal Court for crimes against humanity, implemented by the Rome Statute in 1998. Though this Statute has not yet been ratified by some important Countries, the International Criminal Court is, nowadays, the main jurisdictional tool to ensure an effective and “universal” protection of human rights: the aim is to prevent that the responsible of serious crimes against humanity (like genocide and war crimes) can escape the national penal jurisdiction for those worst crimes when the State Authorities decide not to proceed. Naturally, the international criminal proceedings before the International Criminal Court must grant the fundamental rights of the accused as well as of the victim: the Fair Trial represents one of the pillars of democracy in the contemporary age.
1) The "Universal jurisdiction" and the need to grant an effective protection for the fundamental human rights.
2) The crimes against humanity: State responsibility and personal criminal liability.
3) The justice for crimes against humanity: national vs. international perspective.
4) The international criminal justice in an historical perspective: the Tribunals of Nurnberg and Tokyo after the Second World War; the Tribunal for the Former Yugoslavia and Rwanda; The International Criminal Court (ICC) as a turning point in the international protection for human rights.
5) The legal fonts of the International Criminal Court: in particular, the Rome Statute; the Rules of Procedure and Evidence; the Regulations of the Court and the Regulations for the Office of the Prosecutor.
6 The proceeding before the International Criminal Court: the investigation and the prosecution; the trial; the appeal and revision; the international cooperation and judicial assistance; the enforcement of sentences.
The course is divided into two cycles of lessons of twenty-one hours each. The first one is characterized by theoretical approach, with the aim to explain, in a systematic perspective, the basic legal concepts relating to the proceedings before the International Criminal Court (ICC). On the contrary, the second cycle is characterized by a pragmatic approach: a guest visiting lecturer will discuss some jurisdictional cases, already defined or still pending before the ICC, through a critical reading of the decisions taken by the ICC.
A. CASSESE (editor in chief), The Oxford companion to International criminal justice, Oxford University Press, 2009 (Part. A, Section IV – International Criminal Trials, pp. 123-223)
Addictional papers and materials for preparing the final examination will be pointed out during the lessons.
Didattica frontale e discussione di casi giudiziari.
The course is open to foreign as well as to Italian students.
The students can get hold the lecturer at the following e-mail address: email@example.com
For consulting hours please check the Law School web-site.