ID:
508049
Duration (hours):
40
CFU:
6
SSD:
DIRITTO INTERNAZIONALE
Year:
2025
Overview
Date/time interval
Secondo Semestre (23/02/2026 - 29/05/2026)
Syllabus
Course Objectives
The course aims at exploring the tensions and congruences between human rights, international justice and the law, encouraging critical and creative thinking about challenges and solutions towards a higher degree of effectiveness of human rights protection in practice. In particular, on successful completion of the course, the students will be able to: (i) recognize and understand the nature of the different rights and obligations stemming out from human rights conventions and jus cogens rules; (ii) identify and apply the specific rule of law applicable to hypothetical disputes and practical cases on human rights violations and to international crimes; (iii) analyze the case law rendered by existing international courts having jurisdiction over fundamental human rights’ protection and the punishment of international crimes, in order to evaluate the degree of effectiveness of the rights of individuals as emerging subjects of international law; (iv) assess or criticize a certain position with regard to a specific legal issue; (v) formulate, both individually and as members of a group, a well-organized assertion using proper juridical methodology and terminology.
Course Prerequisites
In order to successfully attend the Course and profit of its highly interactive nature, it is recommended: (i) proficiency in the English language at the level of the European standard C1 and (ii) the basic knowledge of the fundamentals of international law, in particular: the subjects of international law and the sources of international law (customary international law, jus cogens, general principles and treaties). A quick refresh of these concepts will be nonetheless provided in the first part of the course. For those who have never taken any exam in International Law, the following background readings are recommended: 1. V. LOWE, International law, OUP, Oxford, 2007, Chapters 2, 3, 4 and 5 or, alternatively also V. LOWE, International Law. A very short introduction, OUP, Oxford, 2015 (available in kindle format too); 2. A. CLAPHAM, Human Rights. A very Short Introduction, OUP, Oxford, 2007, Ch. 1, 2, 3, 5, 7, 8;3. The readings can be complemented by listening to the following lectures, available at the website of the United Nations Audiovisual Library of International Law (http://www.un.org/law/avl): 3.a: Judge Christopher Greenwood, “The Sources of International Law”, at the following link: http://legal.un.org/avl/ls/Greenwood_IL_video_2.html 3.b: Judge Thomas Buergenthal, “A Brief History of International Human Rights Law”, at the following link: http://legal.un.org/avl/ls/Buergenthal_HR_video_1.html 3.c: Mr. Kevin Riordan, “Basic Idea about International Criminal Law”, at the following link: http://legal.un.org/avl/ls/Riordan_CLP_video_1.html
Teaching Methods
The teaching methodology for most classes combines presentations on key topics with discussions of relevant case law. Active participation is required from students to develop their ability to evaluate and critically analyze the content and practical implementation of the law. Students are also expected to express their opinions using appropriate legal terminology, having completed mandatory readings in preparation for the classes. The final part of the course adopts a ‘learning by doing’ approach and is dedicated to case simulations inspired by real claims brought before and decided by international human rights and criminal courts. Students will be divided into groups and assigned roles to simulate the positions of applicant victims, respondent States, and the Court. This segment offers students the opportunity to practically apply the knowledge of human rights protection systems and procedures acquired in earlier lectures. Additionally, the simulation exercise aims to foster teamwork and encourage critical engagement with the approaches adopted by the courts.
Assessment Methods
A. Oral Exam for Non-Attending Students: Non-WPIR students who do not attend classes are required to take an oral individual exam. The exam will consist of two questions: The first question will focus on general theoretical issues. The second question will address a specific violation of human rights or an international crime. Evaluation will be based on: precision in understanding and explaining concepts; use of appropriate legal terminology; ability to apply theoretical principles to empirical cases.
B. Course Requirements for Attending Students:
Attending Students must fulfill the following three requirements: (i) Class Participation. Active participation in class discussions is mandatory. Students are expected to complete the assigned readings before class to contribute effectively.
Weight: 50% of the final grade.
(ii) Oral Individual Exam: the oral individual exam will include two questions; one on the theoretical issues analyzed in class and covered in the obligatory readings and, and one on a specific judgment.
Evaluation criteria include: precision in explaining concepts; use of appropriate legal terminology; ability to apply theoretical principles to empirical cases.
Weight: 50% of the final grade.
B. Course Requirements for Attending Students:
Attending Students must fulfill the following three requirements: (i) Class Participation. Active participation in class discussions is mandatory. Students are expected to complete the assigned readings before class to contribute effectively.
Weight: 50% of the final grade.
(ii) Oral Individual Exam: the oral individual exam will include two questions; one on the theoretical issues analyzed in class and covered in the obligatory readings and, and one on a specific judgment.
Evaluation criteria include: precision in explaining concepts; use of appropriate legal terminology; ability to apply theoretical principles to empirical cases.
Weight: 50% of the final grade.
Texts
(i) FOR NON-WPIR STUDENTS NOT ATTENDING CLASSES: Non-WPIR students who do not attend classes are required to prepare the following textbook: (a) For Italian-speaking students, one of the following texts: FOCARELLI C., La persona umana nel diritto internazionale, Il Mulino, Bologna, 2013, or ZANGHÌ C., PANELLA L., La protezione internazionale dei diritti dell’uomo, IV ed., Giappichelli, Torino, 2019. (b) For English-speaking non-attending students: TOMUSCHAT C., Human Rights: Between Idealism and Realism, Third Edition, Oxford University Press, Oxford, 2014. (ii) FOR ATTENDING STUDENTS (WPIR STUDENTS AND STUDENTS FROM OTHER PROGRAMS WHO ATTEND): Attending students must prepare all the assigned materials, including those covered in the first part of the course (refresh on the basics of international law relevant to the course) and the case law presented by the professor and groups during the second part of the course. All materials will be made available on the Kiro platform. Complementary materials (such as ‘further readings’ and multimedia resources, including video lectures) will also be provided for those wishing to deepen their knowledge of specific topics. Engaging with these materials offers students the opportunity to improve their final grade during the oral assessment.
Contents
The initial part of the course will focus on a brief refresher/introduction to the basics of international law (sources, subjects, and history of international human rights law), essential for helping the class to address the primary issue of human rights protection through a critical analysis of relevant case law, applying international law rules.
The second, thematic part of the course will explore the tensions between rules of international law protecting sovereignty and the pursuit of State and individual accountability for atrocities. In particular, the course will examine challenges to access to justice and to the prosecution of international crimes as dealt with in the case law of the International Court of Justice, the International Criminal Court and regional systems of protection of human rights (European, Inter-American, and African systems), as well as of national courts.
The second, thematic part of the course will explore the tensions between rules of international law protecting sovereignty and the pursuit of State and individual accountability for atrocities. In particular, the course will examine challenges to access to justice and to the prosecution of international crimes as dealt with in the case law of the International Court of Justice, the International Criminal Court and regional systems of protection of human rights (European, Inter-American, and African systems), as well as of national courts.
Course Language
English
Degrees
Degrees (2)
SVILUPPO ECONOMICO E RELAZIONI INTERNAZIONALI
Master’s Degree
2 years
WORLD POLITICS AND INTERNATIONAL RELATIONS
Master’s Degree
2 years
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