Course teached as: B028699 - HUMAN RIGHTS AND ARMED CONFLICTS 3-years First Cycle Degree (DM 270/04) in ECONOMIC DEVELOPMENT, INTERNATIONAL SOCIAL AND HEALTH COOPERATION AND CONFLICT RESOLUTION
Teaching Language
English
Course Content
Fundamental principles in the field of international and national protection of human rights. Main human rights protection mechanisms at universal and regional level. In-depth analysis of the following selected areas of protection: right to life and death penalty, prohibition of torture. Introduction to international humanitarian law of the armed conflicts and to international criminal justice.
a) I. Bantekas and L. Oette, International Human Right Law and Practice, 2013, Chapter 1 (pp. 9-48)
b) Malcolm Shaw, International Law, Cambridge University Press, 2017, chapters 6, 7 and 20
c) S. Marks e A. Clapham, International Human Rights Lexicon, 2005, limited to the following three essays: “Death penalty”, “Torture”, “Universality”
d) G. Repetto, Rethinking a Constitutional Role for the ECHR. The Dilemmas of Incorporation into Italian Domestic Law, in The Constitutional Relevance of the ECHR in Domestic and European Law. An Italian Perspective, Cambridge-Antwerp-Portland 2013, pp. 37-53
e) Update section edited by Prof. Bultrini and made available immediately after the end of the course.
Learning Objectives
Theoretical and practical understanding of the main legal and political aspects of the international and national protection of human rights. Acquiring the practical capability of finding the way among the principal international and national instruments for the protection of human rights and of using them to correctly interpret current events in this field.
Acquiring basic notions of international humanitarian law of the armed conflicts and of international criminal justice, with a view to acquiring the capability of correctly putting in a legal context actual events pertaining to armed conflicts and international crimes.
Prerequisites
Very good knowledge of the English language (B.2 recommended).
Students are strongly advised to take this course after the international law course or at least to attend the two courses in parallel, since basic notions of international law are indispensable in order to fully understand the contents of a course on human rights and armed conflicts.
Teaching Methods
Frontal/interactive lectures.
Type of Assessment
The exam will be written and will consist of 3 open questions and 10 multiple-choice questions.
Course program
i. Basic notions of international law
ii. Genesis of the international protection of human rights
iii. Introduction to the protection of human rights
iv. The United Nations protection system
v. Effectiveness of the United Nations protection mechanisms and more general remarks in this respect
vii. Regional protection systems (including the European Union)
viii. Territorial reach of human rights obligations
ix. First thematic area: prohibition of genocide, right to life and death penalty
x. Second thematic area: prohibition of torture
xi. Introduction to international humanitarian law of the armed conflicts: purpose and basic notions
xii. Introduction to international criminal justice
xiii. General conclusions: the issue of universality of human rights and future prospects