Docente
|
BENVENUTI PAOLO
(programma)
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 TREATIES: HAGUE CONVENTIONS, GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLS CUSTOMARY LAW FUNDAMENTAL PRINCIPLES OF IHL. THE BASIC 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 REPATRIATION OF POW. PROTECTION OF THE WOUNDED, SICK AND SHIPWRECKED RESPECT, PROTECTION AND CARE WITHOUT ADVERSE DISTINCTION MEDICAL AND RELIGIOUS PERSONNEL PROTECTION OF MEDICAL GOODS AND OBJECTS THE EMBLEM OF THE RED CROSS/RED CRESCENT PROVISION ON THE DEAD AND MISSING. 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 SPECIAL RULES ON 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: GIVING OR ORDERING NO QUARTER, PERFIDY, STARVATION OF CIVILIANS. 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 AND NON-INTERNATIONAL ARMED CONFLICTS NON-INTERNATIONAL ARMED CONFLICTS AND 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 ADMISSIBILITY OF REPRISALS THE RESPONSIBILITY OF INDIVIDUALS FOR WAR CRIMES CONCEPT OF WAR CRIME THE CONTENTS OF WAR CRIMES THE PROSECUTION OF WAR CRIMES UNIVERSAL STATE JURISDICTION THE INTERNATIONAL CRIMINAL COURTS THE ICTY AND ICTR THE INTERNATIONAL CRIMINAL COURT.
(testi)
THE COURSE IS GIVEN IN ENGLISH. ATTENDANCE IS COMPULSORY 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: SASSOLI M., BOUVIER A.A., HOW DOES LAW PROTECT IN WAR? VOLUMES I, II, 2ND ED., INTERNATIONAL COMMITTEE OF THE RED CROSS, GENEVA, 2006. KALSHOVEN F., ZEGVELD LIESBETH, CONSTRAINTS ON THE WAGING OF WAR, INTERNATIONAL COMMITTEE OF THE RED CROSS, GENEVA, 2001 (FREE DOWNLOAD FROM ICRC WEBSITE) FLECK D. (ED.), THE HANDBOOK OF INTERNATIONAL HUMANITARIAN LAW, 2ND EDITION, OXFORD UNIVERSITY PRESS, OXFORD, 2007.
STUDENTS MAY FIND ALL RELEVANT TREATY-DOCUMENTATION ON THE WEB-SITE OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS: WWW.ICRC.ORG
FURTHER READINGS AND SOURCES DINSTEIN J., THE CONDUCT OF HOSTILITIES UNDER THE LAW OF INTERNATIONAL ARMED CONFLICTS, CAMBRIDGE UNIVERSITY PRESS, CAMBRIDGE, 2004. HENCKAERTS J.-M., DOSWALD-BECK L., CUSTOMARY INTERNATIONAL HUMANITARIAN LAW, VOL.3, CAMBRIDGE UNIVERSITY PRESS INTERNATIONAL COMMITTEE OF THE RED CROSS, GENEVA, 2005. ROGERS A., LAW ON THE BATTLEFIELD, 2ND ED., MANCHESTER, MANCHESTER UNIVERSITY PRESS, 2004. INTERNATIONAL REVIEW OF THE RED CROSS (FREE ACCESS WEB-SITE: WWW.ICRC.ORG) YEARBOOK OF INTERNATIONAL HUMANITARIAN LAW.
|