91373 - International Criminal Law

Learning outcomes

At the end of the course unit, students: - demonstrate an advanced, specialised understanding of international law in the area of international criminal law and its basic principles, concepts and methodologies; - demonstrate familiarity with the sources and methods of research in the field of international criminal law; - demonstrate an understanding of the evolution of the concept of international crime; - demonstrate an ability to examine the different international and national procedures for prosecuting or otherwise dealing with international crimes, and the political and legal determinants of those procedures as well as their enforcement;

Course contents

The course explores how the processes of internationalisation have reshaped the criminal justice system, with particular attention to the constitutional principles of criminal law, the foundational categories of criminal responsibility and punishment, and the growing influence of supranational legal systems on domestic legislation and jurisprudence.

Students will engage with key theoretical and legal concepts such as the principles of legality and culpability, the role of judges, and the implications of multilingual legal systems. Special emphasis will be placed on the comparative method as a tool to understand legal harmonisation, hybridisation, and cross-fertilisation across jurisdictions.

The course then turns to the core institutions, principles, and challenges of international criminal law. It addresses the historical development of the field - from Nuremberg to the International Criminal Court (ICC) - and examines the prosecution of international crimes, including genocide, crimes against humanity, war crimes, and the crime of aggression. The course will also consider different models of justice (e.g. retributive, restorative), and explore key debates around amnesty, victims’ rights, and the role of the criminal trial as a space for truth, memory, and justice. Throughout the course, students will analyse selected case law from national constitutional courts, the European Court of Human Rights, the Inter-American Court of Human Rights, and the International Criminal Court, as well as examine the function of non-judicial mechanisms such as truth commissions. These case studies will serve to bridge theoretical frameworks and contemporary debates in international criminal justice.

Readings/Bibliography

The complete Course Syllabus, including required readings and materials, will be made available to all enrolled students on the Virtuale platform.

Mandatory preparatory readings must be completed before the start of the course, as they are essential for engaging with the material from the first lecture. Required readings:

1. Mireille Delmas-Marty, ‘Violence and Massacres - Towards a Criminal Law of Inhumanity?’ (2009) 7 Journal of International Criminal Justice 5 (12 pages);
2. Mirjan Damaška, ‘Problematic Features of International Criminal Procedure’ in Antonio Cassese (ed), The Oxford Companion to International Criminal Justice (Oxford University Press 2009) (11 pages);
3. George P Fletcher and Jens David Ohlin, ‘The ICC: Two Courts in One?’ (2006) 4 Journal of International Criminal Justice 428 (6 pages);
4. From the textbook Gerhard Werle and Florian Jessberger, Principles of International Criminal Law (Oxford University Press 2020): Part One, Foundations (limited to sections A, B and C);
   OR alternatively, for italian speaking students from the textbook Enrico Amati, Paolo Caroli, Matteo Costi et al, Introduzione al Diritto Penale Internazionale (Giappichelli 2025): Il diritto penale internazionale: nascita ed evoluzione (1-21).

For attending students, additional mandatory readings may be assigned in connection with specific lectures. In such cases, students will be informed in advance, and the syllabus on Virtuale will be updated accordingly. Students are expected to come to class prepared to discuss the assigned materials. Attendance and active participation will form part of the overall course assessment.

All texts and materials related to the case studies discussed in class, along with any additional readings identified during the course, will also be uploaded to Virtuale.

Teaching methods

The course combines lectures, seminars and additional learning activities designed to deepen understanding of key themes and promote active student participation.

Lectures will introduce and develop the core concepts and legal principles underpinning the course, supported by the analysis of relevant domestic and international case law. A comparative approach will be used throughout in order to provide practical insights into the main issues concerning the protection afforded by international human rights and humanitarian law. This approach aims to equip students with a critical and contextualised understanding of the legal framework, the variety of redress mechanisms available (both contentious and non-contentious), and the legal, historical, and political contexts in which these mechanisms operate.

Active class participation is strongly encouraged to foster critical thinking and legal reasoning. Guest lectures by practitioners and scholars with expertise in international criminal law will complement the core teaching. Documentaries and films may also be screened during class or recommended for optional viewing, to illustrate key aspects of the internationalisation of criminal law and justice.

Attendance will be recorded at each class.

Assessment methods

For students enrolled in BOTH the International Criminal Procedure AND the International Criminal Law courses (12 credits):

IMPORTANT! Class attendance is mandatory in order to sit the exam for the 12-credit module.

THERE IS A SINGLE EXAM FOR THE WHOLE MODULE of “Criminal Justice from a Comparative and International Perspective (I.C)”

The final exam will be in written form, and it will be in English.

The duration of the written exam will be approximately 2 hours.

The final exam will consist of 3 questions (10 points maximum each), which will cover the topics dealt with in class and in particular:

· N 1 general question on fundamental principles in the supranational dimension;

· N 1 question concerning a case discussed during classes (and included in the list uploaded on Virtuale);

· N 1 practical question (solving a case).

Each answer should be limited to approximately 15-20 lines.

Students with disabilities or Specific Learning Disorders (SLDs) may request accommodations according to their specific needs by contacting the Professor in advance.

Students must register for the final exam via the online system Almaesami:https://almaesami.unibo.it/almaesami/welcome.htm .

For students enrolled ONLY in the International Criminal Law course (6 credits):

For both attending and non-attending students, the final exam will be in written form, in English.

The duration of the written exam will be approximately 2 hours.

The final exam will consist of 2 questions (15 points maximum each), which will cover the topics dealt with during the course and in particular:

• One general question on the fundamental principles of international criminal law

• One practical question, involving the resolution of a case scenario

Each answer should be limited to approximately 15-20 lines.

Students with disabilities or Specific Learning Disorders (SLD) may request accommodations according to their specific needs by contacting the Professor in advance.

Students must register for the final exam via the Almaesami platform: https://almaesami.unibo.it/almaesami/welcome.htm .

Teaching tools

To facilitate comprehension and engagement with the course material, lectures will be supported by PowerPoint slides.

Students with disabilities or Specific Learning Disorders (SLD) who require additional support are encouraged to contact the Professor to discuss their needs. They will be referred to the appropriate university services to arrange specific assistance and accommodations.

Erasmus students may request adjustments to the course programme in accordance with their Learning Agreement. These requests should be discussed with the Professor at the beginning of the course.

Office hours

See the website of Emanuela Fronza