LLM-MAS in International Crimes, Justice and Human Rights – Core Courses (42 ECTS)
International law is a discursive practice used in international relations to deal with legal claims. It is best conceived as a language used by a group of people interacting in a social practice. Emphasis is placed on both the underlying structures of the language spoken by these individuals and the social process of interaction whereby the discourse – which aims at gaining social acceptance – is created. The goal of this course is to acquaint students with the terms of this discursive practice; to have them apprehend the fundamental structure of the language of international law, and to introduce them to the main processes by which the discourse is articulated by the social actors concerned by its practice. Ultimately, the goal is to train students to speak competently the language of international law and to teach them how to argue and interact in the different professional settings where the language of international law is spoken.
Convenor: Andrea Bianchi
IHL I
This practice-oriented course is designed to equip students with a detailed understanding of International Humanitarian Law (IHL) and its application in contemporary armed conflicts. IHL comprises the rules of international law limiting violence in armed conflicts by protecting those who do not or who no longer directly participate in hostilities, i.e. wounded, sick, shipwrecked, prisoners of war, civilians (Geneva law); and by restricting means and methods of warfare (Hague law). The objective of this course is to provide students with the legal knowledge and the analytical and argumentative skills necessary to understand and interpret the rules of IHL and to critically apply them to facts of international reality. All students are expected to take active part in class discussions.
The course will begin with four introductory sessions on the fundamental principles, rules and categories of IHL, such as the distinction between jus ad bellum and jus in bello, scope of application of IHL, conflict classification, and the fundamental distinction between civilians and combatants. During the first semester a variety of real-life case studies related to contemporary armed conflicts, such as Russia/Ukraine, Eritrea/Ethiopia, Yemen, and Israel/Palestine will be analysed. The learning method during this first term will thus be mainly inductive: students will acquire knowledge of IHL by discovering its rules applicable to practical cases taken from contemporary practice. Key topics discussed through these cases include the conduct of hostilities, detention, occupation, organized armed groups, specially protected persons and objects, enforcement of IHL, as well as the interplay between IHL and human rights law.
Convenor: Gloria Gaggioli
IHL II
During the second semester, the course will focus on selected issues of IHL. Teaching is to be delivered through case studies. Students are expected to do the assigned readings prior to the classes, and to actively contribute to the class discussion. Pleadings will be a part of the course
Convenor: Julia Grignon
IHRL I
This course provides a comprehensive introduction to international human rights law, combining theoretical foundations with institutional frameworks and analysis of key substantive rights. Designed for students seeking a solid grounding in the field, the course explores both the historical development and contemporary application of human rights norms at global and regional levels.
The first part of the course lays the groundwork by examining the historical evolution and philosophical underpinnings of international human rights law.
The second part focuses on human rights protection systems, with a detailed analysis of both the United Nations framework—including treaty-based bodies, the Human Rights Council, Universal Periodic Review, special procedures, and investigative mechanisms—and regional systems in Europe, the Americas, and Africa.
The third part offers an in-depth study of key civil, political, economic, and social rights
The final section addresses the evolving relationship between human rights and global challenges, including environmental degradation and climate change, displacement and migration, and the impact of emerging technologies such as artificial intelligence and surveillance systems on human rights protection.
Convenor: Ginevra Le Moli
IHRL II
This course will provide an overview of the contemporary international human rights regime, placing particular emphasis on the application of human rights in wartime and times of armed violence including armed conflict. It looks at the complex relationship between human rights law and international humanitarian law as well as the jus ad bellum represented by the UN Carter and the law on aggression.
We will first focus on the notion of war and its relevance for human rights. Special attention will be given to the effect on human rights law of a State of War (as opposed to an armed conflict) and the implications this may have for property rights, access to courts and prosecutions for treason, insurrection, sedition, secession or rebellion. There will also be an inquiry into whether combatants killed as a result of an act of aggressive war have been killed in violation of their right not to be arbitrarily deprived of their right to life. The enforcement of HR law through the UN Security Council will be considered and a later class will pay particular attention to emerging topics such as the role of the Arms Trade Treaty in preventing HR violations and the emergence of various HR sanctions regimes recently adopted by various states. Students will also be provided with an in-depth overview of ongoing controversies related to non-state actors, the extraterritorial application of human rights law in times of armed conflict, and more generally the relationship between human rights law and the law of armed conflict.
Convenor: Andrew Clapham
This course aims to give students a critical understanding of selected issues of international criminal law. After dealing briefly with the birth and evolution of international criminal law, the course focuses on the mechanisms for the repression of international crimes dealing in particular on the role of international criminal courts and tribunals and universal criminal jurisdiction. It also discusses immunities as key obstacles to criminal repression of these crimes. Legal ingredients of core international crimes and different modes of responsibility, including the responsibility of the leaders, will also be addressed in the framework of this course.
Convenor: Paola Gaeta
Who is a refugee? What is the legal framework protecting those fleeing armed conflicts, persecution and human rights abuses? What are the international obligations of states? This course analyses the main international and regional legal norms governing refugee protection. It examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and its interaction with human rights law and international humanitarian law. It also analyses the central notions of international protection such as the principle of non-refoulement, interception at sea, the refugee definition as well as asylum procedures. Particular attention is dedicated to the case law of State Parties to the 1951 Geneva Convention.
Convenor: Vincent Chetail