31826 - International Protection of Human Rights (Seminar)

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Gender equality Reduced inequalities Peace, justice and strong institutions

Academic Year 2019/2020

Learning outcomes

The course on this subject has three goals:

- providing an overview of the human rights protection system at the international, regional and European level, in particular;

- providing an overview of the law of armed conflict and, therefore, protection during conflicts;

- providing an overview of the system of international criminal justice.

The course, in general, has two main goals:

- students must be familiar with the international protection system of human dignity and able to distinguish between the various regulatory frameworks and contexts;

- students must acquire the basic skills to tackle and solve legal problems connected with the protection of human dignity in situations of violation.

Course contents

The course includes a series of lessons providing the basics of the international system of human dignity protection. It also requires individual learning to further analyse issues that cannot be exhaustively covered in the classroom.

The following is a general description of the content of the course.

1. General international law and the protection of the fundamental values of the International Community.

2. The universal protection system.

3. The European protection system.

4. The other regional protection systems.

5. The law of armed conflicts.

6. International criminal justice.

Readings/Bibliography

N.B.: documentation is not to be studied, but can be used as reference material and to make comparisons with the texts recommended in the bibliography.

TEXTS

On general International Law: CHOOSE BETWEEN THE FOLLOWING TWO TITLES: IOVANE, La tutela dei valori fondamentali nel diritto internazionale, Napoli, 2000, pp. 127-318; MERON, Human Rights and Humanitarian Norms as Customary Law, 1989, pp. 3-135.

On the universal protection system: CHOOSE BETWEEN THE FOLLOWING TWO TITLES: ZANGHI', La protezione internazionale dei diritti dell'uomo, Torino, 2013 (details will be provided in class); VILLAN DURAN, Curso de Derecho internacional de los derechos humanos, Trotta, Madrid, 2002, pp. 85-169, 273-301, 379 - 489, 623 - 819.

On the European protection system: BALBONI, Il Consiglio d'Europa in ROSSI (a cura di), Le Organizzazioni internazionali come strumenti di governo multilaterale, Milano, 2006, pp. 49-94; DE SALVIA, La Convenzione europea dei diritti dell'uomo, Napoli, 2001, pp. 21-266; TANZI, L'Organizzazione per la cooperazione e la sicurezza in Europa in ROSSI (a cura di), Le Organizzazioni internazionali come strumenti di governo multilaterale, Milano, 2006, pp. 95-132.

On the other regional protection systems: ZANGHI', La protezione internazionale dei diritti dell'uomo, Torino, 2013 (details will be provided in class)

On the law of armed conflicts: RONZITTI, Diritto internazionale dei conflitti armati, Torino, 2014 (details will be provided in class)

On international criminal justice: CATALDI, DELLA MORTE, La Corte penale internazionale in ROSSI (a cura di), Le Organizzazioni internazionali come strumenti di governo multilaterale, Milano, 2006, pp. 411-464; STORTONI, ILLUMINATI, VIRGILIO (a cura di), Da Norimberga alla Corte Penale internazionale, Torino, 2000, pp. 1-40.

DOCUMENTS

On the universal protection system: www.un.org

On the European protection system: www.coe.int

On the other regional protection systems: www.corteidh.or.cr ; www.african-court.org ; www.lasportal.org ; www.oic-oci.org

On international criminal justice: www.icc-cpi.int
Judgments and decisions as well as a code of international law will be suggested during the course.

Teaching methods

Traditional teaching and case studies. After a first part dedicated to traditional teaching, students will be asked to report on individual cases of violation of human rights before international Courts or Committees.

Assessment methods

Students will be evaluated during the entire course.

Assessment will include the acctive participation during the course, the presentation of reports on specific issues and the participation to the models organised in class.

A written text will be submitted to students at the end of the course. They will be required to provide a written answer to several questions based on issues faced during the course. The aim being to let students acquire the ability to analyse and deepen the study of problems.

The fundamental criterion is evaluating students' logical-juridical ability to make a case based on a series of elements they are required to know. Evaluation has the following priorities:

1. knowledge of unavoidable basic notions;

2. ability to organise a line of reasoning and the logical development of discussion;

3. knowledge of detailed elements.

Of the three above-mentioned criteria, the first one is crucial to pass the exam; the second one might undermine the successful completion of the exam but only in serious cases; the third one is used to confer an excellent mark. An oral exam will not take place.

Participation is mandatory, according to the School's regulations.

Office hours

See the website of Marco Balboni