Great Expectations: The Implementation of the Rome Statute in Italy |
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Authors: | Roscini Marco |
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Affiliation: | *Visiting Lecturer, Queen Mary University of London; Research Fellow, University of Verona. I would like to thank Christopher Keith Hall, Stefano Manacorda, Antonio Marchesi, and Attila Tanzi for their helpful comments. All errors remain mine. [ mroscini{at}iol.it] |
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Abstract: | ![]() This article first explores whether Italy is under an obligationto implement the Rome Statute that it ratified in 1999. It thenidentifies the general sets of inconsistencies between Italianlegislation and the Rome Statute and analyses whether and towhat extent the former needs to be amended or integrated inorder to implement the substantive provisions of the latter,in particular in relation to the definition of crimes, generalprinciples of criminal responsibility, defences and other barsto prosecution. Finally, the exercise of jurisdiction by Italiancourts over crimes in the Rome Statute is discussed in the lightof the principle of complementarity on which the jurisdictionof the International Criminal Court is based. Mere dreams,mere dreams! W.B. Yeats,Meditations in Time of Civil War, I (1928) |
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