Università Roma Tre

SYLLABUS 1. FUNDAMENTAL CHARACTERS AND PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW (IHL) APPLICABLE IN INTERNATIONAL AND NON-INTERNATIONAL ARMED CONFLICTS. 2. COMBATANTS AND THE CONDUCT OF HOSTILITIES – MILITARY OBJECTIVES – MEANS AND METHODS OF WARFARE. 3. THE PROTECTION OF THE VICTIMS OF ARMED CONFLICTS – WOUNDED, PRISONERS, CIVILIANS. 4. IMPLEMENTATION OF IHL – PREVENTIVE MEASURES – MEANS OF CONTROL – STATE RESPONSIBILITY – THE PROSECUTION OF INDIVIDUALS RESPONSIBLE FOR WAR CRIMES IN DOMESTIC AND INTERNATIONAL COURTS. LEARNING AND TEACHING THE COURSE IS MADE UP OF INTRODUCTORY LECTURES ON THE MAIN SUBJECTS OF IHL, FOLLOWED BY SEMINARS ON SPECIFIC TOPICS, CASES AND DOCUMENTS CONCERNING CONTEMPORARY PRACTICE. CONTENTS CONCEPT AND PURPOSE OF IHL – IHL AS A BRANCH OF INTERNATIONAL LAW – DISTINCTION BETWEEN IUS AD BELLUM AND IUS IN BELLO – HISTORICAL DEVELOPMENT OF IHL – SOURCES OF CONTEMPORARY IHL: HAGUE CONVENTIONS, GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS – CUSTOMARY LAW – FUNDAMENTAL PRINCIPLES. THE DISTINCTION BETWEEN CIVILIAN AND COMBATANTS – RELATIVITY OF THE DISTINCTION IN MODERN CONFLICTS – COMBATANTS AND PRISONERS OF WAR – DEFINITION OF COMBATANT – DEFINITION OF POW – TREATMENT OF POW. PROTECTION OF THE WOUNDED, SICK AND SHIPWRECKED – PROTECTION OF MEDICAL AND RELIGIOUS PERSONNEL, MEDICAL GOODS AND OBJECTS – THE EMBLEM OF THE RED CROSS/RED CRESCENT. THE PROTECTION OF CIVILIANS – WHO IS A CIVILIAN? - THE PROTECTION OF THE CIVILIAN POPULATION AGAINST THE EFFECTS OF HOSTILITIES – PROTECTION OF CIVILIANS AGAINST ARBITRARY TREATMENT – CATEGORIES OF CIVILIANS UNDER SPECIAL PROTECTION – REGIME OF OCCUPIED TERRITORIES. CONDUCT OF HOSTILITIES – BASIC RULE (ARTICLE 48 OF PROTOCOL I) – DEFINITION OF MILITARY OBJECTIVES – MILITARY NECESSITY AND PROPORTIONALITY – PROHIBITED ATTACKS – PRECAUTIONARY MEASURES IN ATTACK – PRECAUTIONARY MEASURES AGAINST THE EFFECTS OF ATTACKS – ZONES CREATED TO PROTECT WAR VICTIMS AGAINST THE EFFECTS OF HOSTILITIES - CIVIL DEFENCE – MEANS AND METHODS OF WARFARE – THE PROHIBITION TO CAUSE UNNECESSARY SUFFERING – THE PROHIBITION OF INDISCRIMINATE USE OF WEAPONS – THE PRESERVATION OF THE NATURAL ENVIRONMENT – PROHIBITED OR RESTRICTED USE OF CONVENTIONAL WEAPONS – CHEMICAL WEAPONS – BACTERIOLOGICAL AND BIOLOGICAL WEAPONS – NUCLEAR WEAPONS – NEW WEAPONS – PROHIBITED METHODS OF WARFARE. SPECIFICITIES CONCERNING THE LAW OF NAVAL AND AIR WARFARE. THE LAW OF NON-INTERNATIONAL ARMED CONFLICTS – FUNDAMENTAL DIFFERENCES AND SIMILARITIES WITH INTERNATIONAL ARMED CONFLICTS – COMMON ARTICLE 3 – ADDITIONAL PROTOCOL II – DIFFERENT TYPES OF NON-INTERNATIONAL ARMED CONFLICTS – CUSTOMARY LAW OF NON-INTERNATIONAL ARMED CONFLICTS – LEGAL STATUS OF THE PARTIES. IHL AND INTERNATIONAL HUMAN RIGHTS LAW – DIFFERENCE AND COMPLEMENTARY – APPLICATION OF IHL BY HUMAN RIGHTS MECHANISMS.IMPLEMENTATION OF IHL – THE OBLIGATION TO ENSURE RESPECT – MEASURES TO BE TAKEN IN PEACE TIME – THE COMMAND SUPERVISION – SCRUTINY BY PROTECTING POWERS AND ICRC – FACT FINDING COMMISSIONS - THE ROLE OF THE UNITED NATIONS – THE INTERNATIONAL RESPONSIBILITY OF STATES FOR VIOLATIONS – COMPENSATION – PROHIBITION OF REPRISALS – THE RESPONSIBILITY FOR WAR CRIMES – CONCEPT, CONTENTS, PROSECUTION OF WAR CRIME –STATE JURISDICTION – THE INTERNATIONAL AD HOC CRIMINAL TRIBUNALS (ICTY AND ICTR) – THE INTERNATIONAL CRIMINAL COURT. THE COURSE IS GIVEN IN ENGLISH. ATTENDANCE IS NECESSARY IN ORDER TO SUSTAIN THE FINAL EXAMINATION. THE EXAMINATION WILL BE ABOUT THE ARGUMENTS DISCUSSED DURING THE COURSE. STUDENTS ARE ALLOWED TO SUSTAIN THE EXAMINATION ON THE NOTES MADE DURING THE COURSE, INTEGRATED WITH THE REFERENCE BIBLIOGRAPHY: KOLB R., AN INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW OF ARMED CONFLICTS, HART PUBLISHER

DOCUMENTATION STUDENTS MAY FIND ALL RELEVANT TREATY-DOCUMENTATION ON THE WEB-SITE OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG REVIEWS INTERNATIONAL REVIEW OF THE RED CROSS (FREE ACCESS WEB-SITE: WWW.ICRC.ORG) YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW. INTERNET SITES INTERNATIONAL COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG INTERNATIONAL INSTITUTE OF HUMANITARIAN LAW: WWW.IIHL.ORG PROGRAM ON HUMANITARIAN POLICY AND CONFLICT RESEARCH – HARVARD UNIVERSITY: WWW.HPCR.ORG