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Human Rights Law, Public International Law, International Criminal Law, International Humanitarian Law, International Humanitarian Law applied to Cultural Heritage, International Law, and 23 moreInternational Human Rights Law, United Nations, International Criminal Court, Reparations, International Criminal Justice, Universal Jurisdiction, Special Court for Sierra Leone, International Criminal Tribunal former Yugoslavia, International Relations, Human Rights, Terrorism, International Terrorism, History of international terrorism, International Courts And Tribunals, Sovereign Immunity, State Immunity, War Crimes, Law of Treaties, International Court of Justice, Genocide, Law of Armed Conflict, Crimes Against Humanity, and Genocide Studies edit
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Micaela Frulli is currently Full Professor of International Law at the University of Florence. She obtained her Phd i... moreMicaela Frulli is currently Full Professor of International Law at the University of Florence. She obtained her Phd in International Law at the University “Federico II” of Naples (2000) and she was Marie Curie Fellow at the Law Department of the European University Institute (2010). She has done extensive research in public international law, international criminal law, the law of international organizations and human rights law. Her publications include 2 monographs in Italian on "Immunità e crimini internazionali" (Torino, 2007) and "Le operazioni di manteneimnto della pace. Continuità di un modello normativo" (Napoli, 2012) and several articles in international law reviews and books. edit
SOMMARIO: 1. Il riconoscimento esplicito di una doppia responsabilità, indivi-duale e statale, per le violazioni della Convenzione sul genocidio del 1948 2. Fu genocidio soltanto a Srebrenica? 3. Il mancato accertamento della... more
SOMMARIO: 1. Il riconoscimento esplicito di una doppia responsabilità, indivi-duale e statale, per le violazioni della Convenzione sul genocidio del 1948 2. Fu genocidio soltanto a Srebrenica? 3. Il mancato accertamento della 'complicità' della Serbia negli atti di ...
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This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against... more
This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in pro...
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saggio contenuto nel volume Atti Covegno SIDI 2018 Ferrara, a cura di F.Salerno, S.Forlati e A.Annoni "LA CODIFICAZIONE NELL’ORDINAMENTO INTERNAZIONALE E DELL’UNIONE EUROPEA", editoriale scientifica
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TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING FUNCTIONAL IMMUNITY TO ALL STATE OFFICIALS? A. Controversial Cases B. Visiting Armed Forces C. Consular Agents D. High-Ranking State... more
TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING FUNCTIONAL IMMUNITY TO ALL STATE OFFICIALS? A. Controversial Cases B. Visiting Armed Forces C. Consular Agents D. High-Ranking State Officials E. Some Tentative Conclusions II. THE RATIONALE OF FUNCTIONAL IMMUNITY RULES III. CAN WE TALK ABOUT AN EXCEPTION FOR INTERNATIONAL CRIMES? CONLUSION: A FEW THOUGHTS ON A MORE GENERAL LEVEL INTRODUCTION: BACK TO SQUARE ONE About ten years ago, I decided to study both the functional immunity of state officials from foreign jurisdiction and its exceptions in depth. I operated from a basic assumption commonly made in public international law manuals: there exists a general customary rule granting all state officials exercising their official functions immunity ratione materiae from the jurisdiction of foreign states. However, I soon realized that a step backward was necessary. An incredible magnitude and variety of documents, elements of state practic...
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International Criminal Law, Nuclear Weapons, Chemical Weapons, International Human Rights Law, Public International Law, and 7 moreInternational Humanitarian Law, Disaster Management, Nuclear Disarmament, Chemical Warfare Agents, Disaster risk reduction, Arms Control and Disarmament, and Industrial Disasters
As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attacks on the US not only caused an unbearable number of innocent victims, but they are also disrupting some of the most important international... more
As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attacks on the US not only caused an unbearable number of innocent victims, but they are also disrupting some of the most important international legal categories that seemed to be consolidated until September 11, 2001.
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Law, Criminal Law, European Law, International Criminal Law, Genocide Studies, and 13 morePolitical Science, International Criminal Court, International Humanitarian Law, War Crimes, Crimes Against Humanity, Genocide, International Criminal Justice, Gravity, ICTY, International Criminal Tribunal former Yugoslavia, International Criminal Tribunal for Rwanda, International Crimes, and ICTR
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Sociology, Law, Criminal Justice, International Law, International Criminal Law, and 14 moreInternational Security, Political Science, International Criminal Court, War Crimes, Peacekeeping, Sovereign Immunity, Crimes Against Humanity, State Immunity, International Criminal Justice, Special Court for Sierra Leone, Social Science Research Network, UN peacekeeping operations, War Crimes Trials, and Immunity on Sitting Heads of States
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Sociology, Law, Criminal Justice, Human Rights Law, International Law, and 10 moreInternational Criminal Law, Political Science, International Humanitarian Law, Armed Conflict, Law of Armed Conflict, International Criminal Justice, Social Science Research Network, Reparations, Protection of Civilians in Armed Conflict, and International Law of Armed Conflicts
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In April 2012 the International Criminal Court (ICC) Prosecutor declined to review the admissibility of the Palestinian National Authority’s declaration recognizing the Court’s jurisdiction, which was lodged in 2009 under Article 12(3) of... more
In April 2012 the International Criminal Court (ICC) Prosecutor declined to review the admissibility of the Palestinian National Authority’s declaration recognizing the Court’s jurisdiction, which was lodged in 2009 under Article 12(3) of the Rome Statute. This provision allows states not party to the Statute to accept the ICC jurisdiction with respect to crimes committed on their territory or by their nationals. The Prosecutor declined the authority to rule on such admissibility, since he was not empowered to define the term ‘state’ for the purposes of Article 12(3). This competence instead rested with the UN Secretary General (UNSG) and the UN General Assembly (UNGA). Potentially the Assembly of States Parties (ASP) could also in due course decide to address the matter. In concluding, the Prosecutor announced that he could consider future allegations of crimes perpetrated in Palestine, should the competent organs of the UN resolve the legal issue relevant to an assessment on the b...
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The aim of this paper is to analyze to what extent different kind of immunities may bar legal proceedings instituted against PMSCs and their employees. The first part of the paper is devoted to the setting of the legal background on... more
The aim of this paper is to analyze to what extent different kind of immunities may bar legal proceedings instituted against PMSCs and their employees. The first part of the paper is devoted to the setting of the legal background on international law rules on immunity which may be applicable, in certain cases, to PMSCs and their employees. The second part of the paper addresses the issue of immunity of PMSCs employees from criminal jurisdiction taking into account existing case-law. The conclusion is that, in most cases, immunity of private contractors from criminal jurisdiction seems not to depend on the application of immunity rules but, for a large part, from the combination of a lack of applicable rules to exercise criminal jurisdiction and a lack of political will to proceed. As to civil proceedings, the most relevant obstacle that has prevented courts from exercising their jurisdiction over PMCSs and their employees (mainly in US case-law) is the so-called “political question ...
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... | Ayuda. La Spagna modifica le norme relative alla giurisdizione universale: le ragioni di una riforma annunciata. Autores: Micaela Frulli; Localización: Rivista di diritto internazionale, ISSN 0035-6158, Nº 1, 2010 , pags. 120-128. ...
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The aim of this paper is to analyse to what extent different kinds of immunities may bar legal proceedings against PMSCs end their employees. Firstly, the paper addresses the issue of immunity from criminal jurisdiction. The conclusion... more
The aim of this paper is to analyse to what extent different kinds of immunities may bar legal proceedings against PMSCs end their employees. Firstly, the paper addresses the issue of immunity from criminal jurisdiction. The conclusion is that often immunity of private contractors from criminal jurisdiction does not depend on the application of immunity rules, but stems from the combination of a lack of applicable rules to exercise criminal jurisdiction and a lack of political will to proceed. For civil proceedings, the most relevant obstacle that has prevented courts from exercising their jurisdiction over PMSCs is the ‘political question doctrine’. This doctrine and similar ones, crafted to protect the exercise of governmental functions, should be narrowly interpreted. In particular, there should be no bar on judicial review when human rights violations occur, since governments themselves are bound to ensure respect for human rights and should foster a culture of accountability.
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"Distruzione dei beni culturali e crimine di genocidio: l’evoluzione della giurisprudenza del Tribunale penale internazionale per la ex-Jugoslavia”, in La Tutela internazionale dei beni culturali nei conflitti armati, a cura di Paolo... more
"Distruzione dei beni culturali e crimine di genocidio: l’evoluzione della giurisprudenza del Tribunale penale internazionale per la ex-Jugoslavia”, in La Tutela internazionale dei beni culturali nei conflitti armati, a cura di Paolo Benvenuti e Rosario Sapienza, Milano, Giuffrè, 2007, pp. 253-274
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Published in A.Cassese, P.Gaeta, J.Jones (eds.), The Rome Statute of the the International Criminal Court. A Commentary, Oxford, Oxford University Press, 2002, vol.I, 527-541 Summary of contents: 1. Nuremberg and Tokyo: the Reasons for... more
Published in A.Cassese, P.Gaeta, J.Jones (eds.), The Rome Statute of the the International Criminal Court. A Commentary, Oxford, Oxford University Press, 2002, vol.I, 527-541
Summary of contents: 1. Nuremberg and Tokyo: the Reasons for Punishing the Vanquished and for Declaring the Criminality of Nazi
Organizations - 2.The International Criminal Tribunals for Former Yugoslavia and Rwanda: In Search of Universal Jurisdiction over Natural Persons - 3. The ICC Personal Jurisdiction: the Need for a Compromise Solution - 4. The Question of 'Incidental or Ancillary' Jurisdiction over States and/or Persons: the Blaskic Case and its Legacy - 5. Final
Remarks.
Summary of contents: 1. Nuremberg and Tokyo: the Reasons for Punishing the Vanquished and for Declaring the Criminality of Nazi
Organizations - 2.The International Criminal Tribunals for Former Yugoslavia and Rwanda: In Search of Universal Jurisdiction over Natural Persons - 3. The ICC Personal Jurisdiction: the Need for a Compromise Solution - 4. The Question of 'Incidental or Ancillary' Jurisdiction over States and/or Persons: the Blaskic Case and its Legacy - 5. Final
Remarks.
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Rinvenuto negli archivi storici dell’Unione europea, questo scritto sinora inedito ricostruisce lo sviluppo della scienza giuridica internazionalistica italiana nel corso del Novecento. Come in un affresco a larghe tinte, Antonio Cassese... more
Rinvenuto negli archivi storici dell’Unione europea, questo scritto sinora inedito ricostruisce lo sviluppo della scienza giuridica internazionalistica italiana nel corso del Novecento. Come in un affresco a larghe tinte, Antonio Cassese tratteggia i punti di svolta nell’evoluzione della dottrina, abbozzando i profili di alcuni illustri studiosi. Una disamina preziosa per gli studenti che si avvicinano al diritto internazionale ma non solo, poiché insieme all’oggetto di indagine il saggio restituisce la parabola intellettuale e la passione civile di un maestro.
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This is an open access chapter distributed under the terms of the CC BY-NC-ND 4.0 license.
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saggio contenuto nel volume Atti Covegno SIDI 2018 Ferrara, a cura di F.Salerno, S.Forlati e A.Annoni "LA CODIFICAZIONE NELL’ORDINAMENTO
INTERNAZIONALE E DELL’UNIONE EUROPEA", editoriale scientifica
INTERNAZIONALE E DELL’UNIONE EUROPEA", editoriale scientifica
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Table of contents - Edited volume on immunities and international crimes
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Monografia sulle operazioni di peacekeeping dell'ONU, Editoriale Scientifica, 2012,