91192 - International Criminal Justice

Learning outcomes

At the end of the course students will have learned: the foundational principles of international criminal law and justice; the historical evolution of international criminal justice and its current mechanisms; how to critically analyse the different responses to international crimes. Students are expected to acquire the necessary skills to identify the political and juridical main concerns of the selected different contexts and mechanisms - whether at the national or international level, retributive or restorative.

Course contents

The course examines both the theoretical and practical dimensions of international criminal justice. It begins with the definition and categorisation of international crimes and traces the historical evolution of international criminal law - from the Nuremberg Tribunals to the establishment and functioning of the International Criminal Court (ICC) - along with the fundamental distinction between retributive and restorative justice models.

The ICC in particular represents a significant case study, which offers a convenient vantage point from which to discern the characteristic traits of international crimes (large-scale violence accompanied by the requisite of “gravity”) along with the related obstacles to effective prosecution. After an overview of the trigger mechanisms of the Court, the course examines some relevant features of the Court (e.g., the Court’s composition, the criteria for the appointment of judges) as well as some of the most controversial judicial decisions, which have prompted debate about the challenges of a potentially universal jurisdiction. These decisions include, for example, those in the situations of Libya, Burundi, Comoros Islands (incident of “Freedom Flotilla for Gaza”), Myanmar, Sudan and Afghanistan.

The course also explores the role and legacy of the ad hoc Tribunals for the former Yugoslavia and Rwanda, and of the mixed (or hybrid) tribunals which have emerged as a manifestation of an alternative paradigm of international justice - such as the Extraordinary Chambers in the Courts of Cambodia, the Kosovo Specialist Chambers and Prosecutor’s Office, and the Extraordinary African Chambers in Senegal.

The second part shifts focus to restorative justice and transitional justice mechanisms, with particular emphasis on truth commissions and the comparative experiences of Latin American countries such as Colombia, Argentina, and Peru. The South African Truth and Reconciliation Commission will serve as a key case study.

The last part of the course investigates the tensions and concerns inherent in international criminal justice at both the national and international levels. In particular, the course will focus on the challenging task of balancing the pursuit of substantive justice with the maintenance of strict and formal legality, and the competing demands of peace and justice. This includes the analysis of landmark decisions by regional human rights courts (notably, the European and Inter-American Courts of Human Rights) and national courts in Latin America and Europe on issues such as the principle of legality, amnesties, and statutory limitations. Throughout the course, students will engage with real-world case studies and contribute to discussions led by practitioners.

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. Students who accumulate five or more absences will not be allowed to sit the exam as attending students and must instead follow the instructions for non-attending students.

Assessment methods

The final assessment consists of an individual take-home written assignment. To support students in this task, a mandatory lesson will be held for both attending and non-attending students, during which essential guidelines on how to research, structure, and write the paper will be provided. The date of this mandatory session will be announced at the beginning of the course.

Students will select a topic from a comprehensive list made available on the Virtuale platform. They are encouraged to develop a specific angle or perspective within the broader themes indicated. Once a topic has been chosen, students must inform the Professor of their selection by email.

- Attending students are required to submit a research paper of 4000 words (margin of 10% below or above), with 20 bibliographic entries (minimum).

- Non-attending students are required to submit a research paper of 8000 words (margin of 10% below or above), with 30 bibliographic entries (minimum).

The word count shall not include footnotes, bibliography, title page and table of contents. Bibliographic entries consist of books and law journal articles (cases and legislation are not included) (papers will be accepted so long as they are no more than 10% below or above that figure).

Papers should include a bibliography at the end, listing all cited works and cases, and should include footnotes. Papers with no footnotes and/or no bibliography will automatically receive a failing grade. Students must use a recognised citation style (e.g., Chicago Manual of Style, OSCOLA, or APA) and apply it consistently throughout the paper. Please bear in mind that your grade will be determined also in the light of how accurately you quote your entries.

Important guidelines for your paper

Papers should not consist in a mere juxtaposition of cases and/or legislation and should be analytical. The inclusion of a personal opinion on the topic is permitted, provided that it is supported by a robust analysis and a comprehensive bibliography.

You should rely mainly on books, law journal articles and cases. Students are strongly encouraged to use the Law School library and, if needed, to book an appointment with a librarian for assistance in accessing legal databases.

Papers should be written in English (spelling must be consistent and can be American or British). Papers should be written in a clear, correct, idiomatic and comprehensible manner.

EVALUATION and SUBMISSION OF PAPERS

For attending students, the final grade may be adjusted to reflect the level of active participation demonstrated during the course.

Deadlines: Papers must be submitted two weeks before the exam session (“Appello”) the student intends to register for (e.g. if the examination date is 12/12/2025, the paper must be submitted by 28/11/2025). Submission must be made via the Microsoft Form provided on Virtuale. Detailed instructions will be included in the form.

IMPORTANT NOTICE: Students must ensure to enroll in the final exam through Almaesami on https://almaesami.unibo.it/almaesami/welcome.htm . Registration is necessary for the exam result to be officially recorded.

On the day of the exam session, the assigned grade will be published on Almaesami. Students who wish to reject the grade and retake the exam must notify the Professor by email on the same day at either: [mailto:emanuela.fronza@unibo.it] or [mailto:selena.vitti2@unibo.it].

If no email is received on that day, the grade will be considered accepted and will be automatically recorded. Please note: physical attendance on the exam day is not required.

Disclaimer:

Please note that we follow a zero-tolerance policy toward plagiarism. Students are expected to uphold the highest standards of academic integrity. All written work must be original or properly referenced using a consistent citation style. Plagiarism will result in a failing grade.

The use of generative artificial intelligence (AI) and other AI-powered tools and apps is regulated by the course’s AI policy, which will be made available on Virtuale. Students are required to read the policy carefully before submitting any coursework.

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