Fall Semester (October 1 - December 20, 2019)
Course
International Humanitarian Law Legal Clinic 2019
Prof. Giulio Bartolini
7 CFUs - ECTS,
Tuesdays: 10:30-12 (Room 4, Edificio Tommaseo, Via Ostiense 139); Wednesday: 12-13:30 (Room 12, Edificio Tommaseo, Via Ostiense 139)
Course description:
The “International Humanitarian Law Legal Clinic” (IHL Legal Clinic) has been established in 2016 to permit students to acquire a sound knowledge on international humanitarian law, cooperate on a pro bono basis on projects with leading international and national institutions operating in this area and develop significant skills and a humanitarian-oriented approach beneficial for their competences, future professional activities and civil awareness. The IHL Legal Clinic is an optional course (7 CFU) opens to students from Roma Tre and those involved in exchange programmes (eg. Erasmus) qualifying for a final mark. The working language is English (students can also qualify for ‘Lingua giuridica’).
So far students involved in the Roma Tre IHL Legal Clinic have provided support to some of the most relevant international and domestic stakeholders as: The International Committee of the Red Cross (ICRC); Amnesty International; NATO (Allied Command Operations Legal Office at SHAPE); the Italian Red Cross, IHL Commission; the International Federation of Red Cross and Red Crescent Societies (see below ‘Past Projects’).
In 2019 students of the IHL Legal Clinic will:
- Be involved in research and practice-oriented projects projects commissioned by the International Committee of the Red Cross (ICRC); NATO (Allied Command Operations Legal Office at SHAPE). See below for further details: ‘2019 Projects’;
- Participate in a 5-days international ‘IHL Legal Clinics Exchange Conference’ (on 15th-19th December 2019) to be held in Tel Aviv and Jerusalem (Israel). This conference will involve around 50 students and teaching staff of partner IHL legal clinics (Emory, IDC Tel Aviv, Leiden) for a series of conferences and activities focused on humanitarian challenges raised by armed conflicts with the contribution of leading practitioners, armed forces personnel and academics. Costs for students (both from Roma Tre or involved in an Erasmus/Exchange Programme) will be covered by an external grant.
- Acquire a sound knowledge of international humanitarian law through introductory lectures.
A selection process will permit to
identify interested students due to some limits related to the management of the IHL Legal Clinic – eg. max. around 12 students
(see below ‘relevant dates and application process’).
Course Learning Objectives
- To provide students with a proper understanding of international humanitarian law and its relevance in the regulation of armed conflicts. A preliminary set of lectures managed by Prof. Bartolini will permit students to get familiar with international humanitarian law and issues of public international law relevant for this course. It is not required for students to have previously attended courses on international humanitarian law or public international law.
- To permit students to professionally interact with international institutions acting in the area of international humanitarian law through the participation in research projects and clinical activities commissioned by organizations partners to the Roma Tre IHL Legal Clinic
- The IHL Legal Clinic is inspired by a ‘learning by doing’ approach permitting students to develop their competences in legal research, drafting, writing and organization of activities, to facilitate the transfer of theoretical analysis into a practical and humanitarian-oriented perspective.
Course Learning Activities:
To achieve the above objectives, students will have to:
- Actively participate in the projects of the IHL Legal Clinic;
- Acquire a sound knowledge of international humanitarian law also through the textbook.
- Engage in class discussions/debates.
Assessment tools and attendance policy:
Students will be assessed on the basis of their contribution to the projects carried out the IHL Legal Clinic and through a final review of their knowledge on international humanitarian law. Projects developed by the IHL Legal Clinic also require students to prepare draft reports and other preliminary material to be presented in class. Students are expected to participate in all classes.
2019 Projects and activities of the IHL Legal Clinic:
The IHL Legal Clinic will be managed in two phases:
- Students will get familiar with international humanitarian law: Prof. Bartolini will manage
a series of lectures aimed to make students familiar with international humanitarian law (October-Early November 2019 see calendar below). Students can take advantage of the textbook: Nils Melzer, International Humanitarian Law. A Comprehensive Introduction (downloadable
here. Relevant sections of the textbook will be communicated in class).
- Clinical activities: In November students will start to manage research projects involving
the ICRC and NATO (Allied Command Operations Legal Office at SHAPE).
1) “
International Humanitarian Law in Action”: Through this ongoing project the
International Committee of the Red Cross aims to identify real case-studies documenting compliance with international humanitarian law through the use of openly available documents (eg. newspapers, reports, etc.) related to conducts by States and organized armed groups.
On the basis of materials elaborated by students, the ICRC has launched a
specific database (
https://ihl-in-action.icrc.org/). The ICRC has received positive feed-backs on this new instrument, to be used in training and dissemination activities for armed forces/organized armed groups, students and civil society, and has made reference to it in the
2018 statement to the UN Security Council open debate on protection of civilians in armed conflict.
2) Partnership with the
NATO Legal Office at SHAPE (Supreme Headquarters Allied Powers in Europe). Through this high-level partnership, students can cooperate in the activities of
LAWFAS (Legal Advisors Worktop Functional Area System), an on-line platform managed within the NATO’s website aimed to facilitate document researches and ensure an easy access to all the relevant information for the legal community of several thousands of military officers and legal advisers linked with this on-line system from NATO countries and partner countries. Students are involved in the elaboration of
desk-studies on relevant developments in international humanitarian law, as complemented by document materials, finally
uploaded in the LAWFAS website (
https://lawfas.hq.nato.int/Roma%20Tre/SitePages/Home.aspx) and circulate to the NATO legal community through specific newsletters.
- Participation in the abovementioned IHL Legal Clinics Exchange Conference (Israel, 15-19 December). Participation costs for students will be covered by an external grant.
Relevant Dates and Application Process:
Students are invited to apply for the IHL Legal Clinic according to information provided below.
- A
preliminary informal meeting to present the IHL Legal Clinic will take place on Tuesday 1st October 2018 at 11-12 (room 4, Edificio Tommaseo, first floor Via Ostiense 139). This might be the occasion to introduce students to the activities of the IHL Legal Clinic and provide information on the application process.
- Students interested to take part in the IHL Legal Clinic are required to send an email to
giulio.bartolini@uniroma3.it by
Wednesday 2nd October at 12 (earlier submissions are kindly encouraged). In this email students are kindly invited to provide
a letter of motivation as well as
relevant information (eg. CV) on: Their current academic career (year of study, number of passed exams, average grade); Previous exams related to international law issues or legal clinics: Languages known.
On Wednesday 2nd October at 18 (room 12, Edificio Tommaseo, second floor, Via Ostiense 139) a colloquium with applicant students will permit to assess the interest and capacity of candidates to take part in this innovative project also based on information provided above. Whether required additional interviews will be held on Thursday 3rd October at 9 am (room 1.A.10, Edificio Tommaseo, Via Ostiense 139, first floor) Students will be informed on Thursday 3rd October on the possibility to join the IHL Legal Clinic.
Students admitted to the IHL Legal Clinic will start their activities on Tuesday 7th October (10.30, room 4, Edificio Tommaseo).
Calendar of activities of the IHL Legal Clinic
| Class |
Topic and/or Activity |
| 7th October |
Historical origins of IHL. Distinction between ius ad bellum and ius in bello. |
| 8th October |
Sources of IHL |
| 9th October |
The distinction between international and non-international armed conflicts |
| 15th October |
The distinction between international and non-international armed conflicts |
| 16th October |
The rules concerning the conduct of hostilities: The basic rule (Article 48, Protocol I) - Definition of military objective |
| 22nd October |
The basic distinction between civilians and combatants - Definition of combatant - The participation of civilians in hostilities - Members of organised armed groups in non-international armed conflicts |
| 23rd October |
The principle of proportionality - Precautionary measures in attack; Precautionary measures against the effects of attacks |
| 29 October |
Means and methods of warfare |
| 30 October |
Protection of the Wounded, Sick and Shipwrecked. Detention in armed conflicts |
| 5 November |
Implementation mechanisms of IHL; Criminal repression for war crimes |
| 6 November-11 December |
Start of the Clinical Activities: The ICRC Project on ‘IHL in Action’ |
| 11 December -onwards |
The NATO Project on contemporary issues of IHL |
| 15-19 December |
Participation of the IHL Legal Clinic in the ‘IHL Legal Clinics Exchange Conference’ (Israel, Tel Aviv-Jerusalem) |
| 17-19 December |
The NATO Project on contemporary issues of IHL
|
| December-February |
Exam Sessions: delivery of the clinical reports by the students during the exam session |
Past Projects of the IHL Legal Clinic:
-
NATO Allied Command Operations Legal Office: Students have elaborated reports published in the LAWFAS website. Topics have included: “Detention in armed conflicts”; “The updated versions of the Commentaries to the 1949 Geneva Conventions”; “Recent Legal Developments concerning Humanitarian Access in Armed Conflict”; and “Legal issues on Lethal Autonomous Weapons Systems (LAWS)”.
-
Amnesty International Italy: Through this cooperation with the
Italian Branch of Amnesty International the Roma Tre IHL Legal Clinic has elaborated a desk study aimed to check the implementation of the Rome Statute of the International Criminal Court in the Italian domestic legal system on the basis of the
updated checklist for effective implementation elaborated by Amnesty International. The report has permitted to assess positive aspects and continuing challenging on the implementation of this significant treaty in Italy.
- Cooperation with the the
Italian Red Cross, IHL Commission for the creation of
mobile phone applications devoted to IHL.
The first one, namely the
‘QUIZ DIU’, has been structured in 60 questions and answers to test IHL knowledge. The mobile app is available in two versions for
Android and
Apple system and was developed by the Roma Tre IHL Legal Clinic in cooperation with volunteers and IHL trainers of the Italian Red Cross. This application permits the user to review his/her expertise on main areas of international humanitarian law (eg. sources, definition of armed conflicts, targeting process, protection of persons hors de combat, implementation) through a friendly-based approach, permitting for instance to get virtual awards once one level of the game is completed. Through this mobile app it was possible to create an innovative and interactive technological tool to disseminate humanitarian values and legal knowledge related to IHL particularly helpful for the dissemination and training activities of the Italian Red Cross with the Italian Armed Forces, schools and the general public audience. More than 2.500 downloads have been recorded in the first months after its launch.
A second App is
‘International Humanitarian Law’. This multilingual mobile phone app arranges and making available in Italian, English, French and Spanish main IHL treaties (Geneva Conventions, Additional Protocols, treaties on weapon systems, status of international criminal tribunals, relevant national legislation) and customary rules. The ‘IHL-APP’ is freely available through app platforms for
Andorid and
Apple systems.
- Cooperation with the
International Federation of Red Cross and Red Crescent Societies, Disaster Law Programme. Students have been involved in the elaboration of a desk study (50 pages, plus attached documents) on the Italian disaster management legislation, institutions and practice for the forthcoming “Research for the Checklist on Law and Disaster Preparedness and Response”, to be presented by the IFRC at the 33rd International Conference of Red Cross and Red Crescent Movement. The Checklist will provide States guidance on legal, institutional and practical measures to be adopted in the disaster cycle permitting them to modify and integrate their domestic legal system in light of international best practice identified in this instrument on the basis of a comprehensive review of national experiences as highlighted in desk reports. Students have also been involved in a project related to “Regulatory Issues in Recent International Disaster Response Operations” aimed to collect and systematize cases related to legal challenges faced during disaster relief operations for the fifth report on the implementation of the IDRL Guidelines to be presented at the 33 International Conference of Red Cross (Geneva 2019). The report can be downloaded
here.
- Partnership with the International Committee of the Red Cross and the Italian Red Cross to updated, as for the period 2008-2016, the Italian practice on international humanitarian law for the database on
Customary International Humanitarian Law. Students have elaborated a desk report (70 pages) providing relevant information, translations and documents the Italian practice (case-law, official statements, legislation, military documents, etc.) addressing some of the 161 customary rules identified by the ICRC. This report will permit the ICRC and the Lauterpacht Centre of the University of Cambridge to update the section devoted to
Italy.