DIRITTO PENALE INTERNAZIONALE E GIUSTIZIA DI TRANSIZIONE

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2020/2021
Year: 
4
Academic year in which the course will be held: 
2023/2024
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Como - Università degli Studi dell'Insubria
Language: 
Italian
Credits: 
8
Period: 
Second semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

Knowledge of basic criminal law and constitutional law is required

The learning assessment method consists of an oral examination, with the final mark awarded in thirtieths, covering the entire syllabus, conducted according to the inverted cone method: a general question, followed by a number of more specific questions that open up, in turn, further avenues for in-depth study.
It will be assessed: the ability to refer to the contents of the syllabus in a manner appropriate to the specificities of the subject and according to correct logical-systematic canons, the ability to link the various criminal law institutions, argumentative skills, technical-expressive ability.

Assessment: 
Voto Finale

The course in International Criminal Law and Transitional Justice is part of the Language-International Path of the Law Course and precisely in the focus entitled 'International Cooperation and Development'. It may, however, also be chosen as an elective course by students The course is delivered in the form of 8 CFUs for a total of 50 teaching hours.

At the end of the course the student is required to have the following knowledge
(a) in relation to international criminal law: the most significant aspects of international criminal law and justice and its historical development, taking into account the relevant international legislation and the jurisprudence of the international criminal courts; distinctions with respect to international humanitarian law, international human rights law and the criminal law of individual national systems; the establishment of international criminal jurisdiction between Special Tribunals and the International Criminal Court and relations with domestic law; basic knowledge of the main international crimes: forms of responsibility, individual and concurrent, and sanctions; contents and outcomes of cases dealt with during the lectures.

(b) in relation to transitional justice: first forms of transitional justice based on amnesties; meaning and limits of the amnesty; models of transitional justice based on dialogical conflict management; basic knowledge in relation to the main experiences of transitional justice (South Africa and Colombia); role and function of individual and collective memory; meaning of symbolic and material reparation; possibilities and limits of commissions aimed at truth-telling and/or reconciliation.

The course is structured in two modules, each of 25 hours: the first module is held by Prof. Gilda Ripamonti, the second by Prof. Grazia Mannozzi. The module will be held in parallel.
The programme of the first module includes:
The development of international criminal law and international criminal justice in the century of the two world wars; the international criminal courts; the International Criminal Court and the Rome Statute; the relationship between international criminal law, the Rome Statute and domestic criminal law; the forms of responsibility, justification grounds and sanctions provided for international crimes; the special part, from war crimes to crimes against peace and humanity: systematics and in-depth study of the conduct relating to some international crimes; hints at the jurisprudence of the international courts and the i

The programme of the second module includes:
The basic problems of transitional justice; the role and function of individual and collective memory; the needs of victims; the role and significance of truth; the meaning of symbolic and material reparation; analysis of the penal institution of amnesty and first applications for management from dictatorial to democratic regimes; analysis of the main transitional justice model based on dialogical conflict management (The South African Truth and Reconciliation Commission - TRC); analysis of the Colombian transitional justice experience; possibilities and limitations of truth and/or reconciliation commissions.nternational criminal court.

The course in International Criminal Law and Transitional Justice is part of the Language-International Path of the Law Course and precisely in the focus entitled 'International Cooperation and Development'. It may, however, also be chosen as an elective course by students The course is delivered in the form of 8 CFUs for a total of 50 teaching hours.

At the end of the course the student is required to have the following knowledge
(a) in relation to international criminal law: the most significant aspects of international criminal law and justice and its historical development, taking into account the relevant international legislation and the jurisprudence of the international criminal courts; distinctions with respect to international humanitarian law, international human rights law and the criminal law of individual national systems; the establishment of international criminal jurisdiction between Special Tribunals and the International Criminal Court and relations with domestic law; basic knowledge of the main international crimes: forms of responsibility, individual and concurrent, and sanctions; contents and outcomes of cases dealt with during the lectures.

(b) in relation to transitional justice: first forms of transitional justice based on amnesties; meaning and limits of the amnesty; models of transitional justice based on dialogical conflict management; basic knowledge in relation to the main experiences of transitional justice (South Africa and Colombia); role and function of individual and collective memory; meaning of symbolic and material reparation; possibilities and limits of commissions aimed at truth-telling and/or reconciliation.

The course is structured in two modules, each of 25 hours: the first module is held by Prof. Gilda Ripamonti, the second by Prof. Grazia Mannozzi. The module will be held in parallel.
The programme of the first module includes:
The development of international criminal law and international criminal justice in the century of the two world wars; the international criminal courts; the International Criminal Court and the Rome Statute; the relationship between international criminal law, the Rome Statute and domestic criminal law; the forms of responsibility, justification grounds and sanctions provided for international crimes; the special part, from war crimes to crimes against peace and humanity: systematics and in-depth study of the conduct relating to some international crimes; hints at the jurisprudence of the international courts and the i

The programme of the second module includes:
The basic problems of transitional justice; the role and function of individual and collective memory; the needs of victims; the role and significance of truth; the meaning of symbolic and material reparation; analysis of the penal institution of amnesty and first applications for management from dictatorial to democratic regimes; analysis of the main transitional justice model based on dialogical conflict management (The South African Truth and Reconciliation Commission - TRC); analysis of the Colombian transitional justice experience; possibilities and limitations of truth and/or reconciliation commissions.nternational criminal court.
The teaching methods used are lectures and case discussions. Cooperative learning will be used. The course may be enriched by the contribution of specialised knowledge and expertise offered by guests from academia, the judiciary or the legal profession through dedicated seminars.
Slides, legal materials, case law or indications for optional readings may be uploaded onto the e-learning platform. International treaties to which reference must be made in order to approach the study of the course content will also be indicated in class and on the platform. Students will be received immediately after the lecture or by appointment to be requested by e-mail.

The learning assessment method consists of an oral examination, with the final mark awarded in thirtieths, c

Convenzionale

The teaching methods used are lectures and case discussions. Cooperative learning will be used. The course may be enriched by the contribution of specialised knowledge and expertise offered by guests from academia, the judiciary or the legal profession through dedicated seminars.
Slides, legal materials, case law or indications for optional readings may be uploaded onto the e-learning platform. International treaties to which reference must be made in order to approach the study of the course content will also be indicated in class and on the platform. Students will be received immediately after the lecture or by appointment to be requested by e-mail.

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