International Criminal Responsibility of the Individual: A Quantum Leap for Man’s Humanity

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.[1] Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility of the individuals. In contrast with the two previous approaches, based on ‘right’, we will deal here with ‘obligations’ that are bestowed upon the individual, that is, international obligations not to commit some acts characterized as crimina iuris gentium. PIL deals with the individual by prohibiting the perpetration of such crimes. The individual is therefore construed as the passive subject within international legal relations; he must account – before municipal and international courts alike – for his misdeeds (violation of international obligations) committed against States as well as other individuals.[2] Thus, if, from the angle of international human rights protection, responsibility involved an active personality, in this case the personality is deemed to be passive. Aside from international “crimes” of the States whose existence remains to be carefully considered,[3] international law contemplates the existence of certain categories of crimes committed by individuals acting either individually, or as State organs. Still, only a few of these violations are susceptible to be prosecuted and punished on the international plane while others are only prosecuted and punished by national jurisdictions. The revolutionary developments which have punctuated this province of PIL from the second half of the Twentieth century onwards, severely stepping into one of the core elements of the State reserved domain (of criminal repression) show that the individual must also be considered as an international subject in this domain, as long as he is directly prosecuted and tried by an international judiciary mechanism. It is indeed on the plane of international punishment of these crimes that the individual arose in international law as a bearer of international obligations, and as such as a subject of international law.[4] Finally, it is important to note that an individual’s criminal responsibility does not affect, in any way, the eventual concomitant international responsibility of the State, on the contrary this “duality of responsibility continues to be a constant feature of international law”.[5] Indeed, if its conduct can be attributed to a State in one way or another,[6] then the State’s international responsibility can be engaged. Henceforth, there will be two international responsibility (the individual’s and the State’s) within the international legal order which could give rise to different types of repression and forms of sanctions.[7] Keywords: international criminal responsibility, international criminal law, war crimes, crimes against humanity, crime of aggression, crime of genocide, International Criminal Court, ad hoc international criminal tribunals. [1] For instance, Former Yugoslavia and Rwanda [2] It ought to be noted that individual’s international criminal responsibility is not in fact incurred vis-à-vis those persons who have actually suffered (or were affected) by the perpetration of his crime. Here we find again, yet with inverted roles, the same equation in the previous two perspectives, i.e. State or the International Community (injured party) and individual (defaulting party). [3] See: G. Distefano, Fundamentals of Public International Law. A Sketch of the International Legal Order, Leiden, 2019, pp. 700-702. [4] See: G. Balladore Pallieri, 1962, pp. 221-222; S. Romano, 1933, pp. 76-77; R. Quadri, 1968, pp. 407-408 (since the condition this famous jurist set forward – i.e. the existence of international organs endowed with the power to repress on the international plane these international crimes – has henceforth been fulfilled); A. Cassese, 2001, pp. 79-81; A. Verdross, B. Simma, 1984, §§ 430-443 (pp. 260-267); [5] Application of the Convention on the Prevention and Punishment of the Crime of Genocide, 2007, § 173 (at 116). See Article 25 § 4 of the ICC Statute as well as Article 58 IR 2001, which recites: ““These articles are without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State.” [6] See: G: Distefano, 2019, pp. 653-695. [7] “The State, and those acting on its behalf, bear criminal responsibility for such violations of international law as by reason of their gravity, their ruthlessness, and their contempt for human life place them within the category of criminal acts as generally understood in the law of civilized countries”, Oppenheim’s International Law, 8th ed. (Sir Hersch Lauterpacht), p. 355

Some Remarks on the United Nations and Territorial Sovereignty in the Occupied Palestinian Territory

The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2]). ([1]) For the historical account of these events: PAPPE, I., History of modern Palestine : one land, two peoples, Cambridge, 2004; MORRIS, B., Righteous Victims. A History of the Zionist-Arab Conflict, 1881-2001,New York, 2001. ([2]) It is true that the PA was endowed, in accordance with 1993 Oslo agreements, with some prerogatives pertaining to State functions in certain sectors of Palestine called « Zone A », but as the International Court of Justice affirmed in 2004 : “Such transfers have taken place, but, as a result of subsequent events, they remained partial and limited » (Legal consequences of the construction of a wall in the Occupied Palestinian Territory, advisory opinion of 9th July 2004: I.C.J. Reports 2004, § 77)

Wither Away State Right to Wage War Unilaterally

One only has to look into the history of international relations to realize that the use of force has been intrinsically related to the ius gentium. For example, it is quite revealing that international law, as a scientific discipline, emerged from this relation. There are also many publications from the founding fathers that are related to this branch of law and which tittles specifically mentioned the law in war. To this end, one can relate to the works of De Vitoria, Suarez, Molina, Grotius, etc. Thus, it would not be too bold to claim that the modern international order was born from the regulation of the use of force and so, since the Renaissance. The banishment of the use of force in international relations surely is the cornerstone of the UNC, this new social contract that would now exist between the nations that had defeated the Nazi-fascist barbarism and the Japanese imperialism. Yet, this rule, true and veritable idea that it was, did not emerge overnight but was the fruit of a long and laborious process from different stages of which will be presented in the following pages. It is fair to wonder how did we get to the current framework of the use of force and more specifically how States, those who are the very legislators of international law, have supplanted the law regulating the use of force; ius ad bellum, by the law on the prevention of war; ius contra bellum. Was it not Clausewitz who once claimed that war was nothing else but the extension of politics by other means, therefore being considered like any other (lawful) means and moreover, a sovereign right of States? UNC Article 2 (4) ([1]) enshrines this epochal revolution, yet this was the end point of a lengthy if not laborious historical and legal process. It is then of paramount relevancy to pinpoint the various steps of its development. ([1]) United Nations, Charter of the United Nations, October 24, 1945, 1 UNTS, article 2§4: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations”

International Criminal Responsibility of the Individual: A Quantum Leap for Man’s Humanity

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.([1]) Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility of the individuals. In contrast with the two previous approaches, based on ‘right’, we will deal here with ‘obligations’ that are bestowed upon the individual, that is, international obligations not to commit some acts characterized as crimina iuris gentium. PIL deals with the individual by prohibiting the perpetration of such crimes. The individual is therefore construed as the passive subject within international legal relations; he must account – before municipal and international courts alike – for his misdeeds (violation of international obligations) committed against States as well as other individuals.([2]) Thus, if, from the angle of international human rights protection, responsibility involved an active personality, in this case the personality is deemed to be passive. Aside from international “crimes” of the States whose existence remains to be carefully considered,([3]) international law contemplates the existence of certain categories of crimes committed by individuals acting either individually, or as State organs. Still, only a few of these violations are susceptible to be prosecuted and punished on the international plane while others are only prosecuted and punished by national jurisdictions. The revolutionary developments which have punctuated this province of PIL from the second half of the Twentieth century onwards, severely stepping into one of the core elements of the State reserved domain (of criminal repression), show that the individual must also be considered as an international subject in this domain, as long as he is directly prosecuted and tried by an international judiciary mechanism. It is indeed on the plane of international punishment of these crimes that the individual arose in international law as a bearer of international obligations, and as such as a subject of international law.([4]) Finally, it is important to note that an individual’s criminal responsibility does not affect, in any way, the eventual concomitant international responsibility of the State, on the contrary this “duality of responsibility continues to be a constant feature of international law”.([5]) Indeed, if its conduct can be attributed to a State in one way or another,([6]) then the State’s international responsibility can be engaged. Henceforth, there will be two international responsibility (the individual’s and the State’s) within the international legal order which could give rise to different types of repression and forms of sanctions.([7]) ([1]) For instance, Former Yugoslavia and Rwanda ([2]) It ought to be noted that individual’s international criminal responsibility is not in fact incurred vis-à-vis those persons who have actually suffered (or were affected) by the perpetration of his crime. Here we find again, yet with inverted roles, the same equation in the previous two perspectives, i.e. State or the International Community (injured party) and individual (defaulting party). ([3]) See: G. Distefano, Fundamentals of Public International Law. A Sketch of the International Legal Order, Leiden, 2019, pp. 700-702. ([4]) See: G. Balladore Pallieri, 1962, Diritto internazionale pubblico, pp. 221-222; S. Romano, Corso di diritto internazionale 1933, pp. 76-77; R. Quadri, 1968, pp. 407-408 (since the condition this famous jurist set forward – i.e. the existence of international organs endowed with the power to repress on the international plane these international crimes – has henceforth been fulfilled); A. Cassese, International Law, 2001, pp. 79-81; A. Verdross, B. Simma, Universelles Völkerrecht, 1984, §§ 430-443 (pp. 260-267); ([5]) Application of the Convention on the Prevention and Punishment of the Crime of Genocide, 2007, § 173 (at 116). See Article 25 § 4 of the ICC Statute as well as Article 58 IR 2001, which recites: ““These articles are without prejudice to any question of the individual responsibility under international law of any person acting on behalf of a State.” ([6]) See: G: Distefano, 2019, pp. 653-695. ([7]) “The State, and those acting on its behalf, bear criminal responsibility for such violations of international law as by reason of their gravity, their ruthlessness, and their contempt for human life place them within the category of criminal acts as generally understood in the law of civilized countries”, Oppenheim’s International Law, 8th ed. (Sir Hersch Lauterpacht), p. 355

Poetiche del sublime. Il Coro di morti dalle Operette morali a Goffredo Petrassi

In an author such as Leopardi, inclined almost entirely towards the serious and not at all devoted to the dramatic art, it is nevertheless in a small tragicomic masterpiece that the first traces of a modern aesthetic of the sublime can be detected. The paper firstly proposes a metapoetical reading of Coro di morti, aimed at observing the strong convergence existing in Leopardi’s writing between thought advancements – namely the unintelligible if unavoidable lack of happiness in the human condition – and developments concerning his poetry formal properties and his aesthetic – here the rejection of both a classicistic poetics of mimesis and a romantic sentimental one. Lastly, in the second part, the aesthetic paradigm of the Sublime is assumed as an ideal set of values, where to investigate the adaptation process linking to Leopardi’s original the musicalization composed by Goffredo Petrassi in 1941.In un autore come Leopardi, incline al serio in misura apparentemente esclusiva e poco votato all’arte drammatica, è tuttavia in un piccolo capolavoro tragicomico che possono individuarsi le prime tracce di una moderna estetica del sublime. L’articolo propone innanzitutto una lettura in chiave metapoetica del Coro di morti, volta ad osservare la salda convergenza che nella scrittura leopardiana lega reciporcamente gli avanzamenti del pensiero – la verità di una condizione umana irresolubilmente e incomprensibilmente priva della felicità – e gli sviluppi attinenti al piano formale e a quello della riflessione filosofico-estetica – con la messa in discussione tanto della classicistica estetica della mimesis, quanto di quella romantica del sentimentale. Infine, nella seconda parte, il paradigma estetico del sublime fornirà i termini entro i quali tracciare una ricostruzione del procedimento adattivo che lega all’originale leopardiano la trasposizione musicale realizzata nel 1941 da Goffredo Petrassi

Global Virtual Water Trade: integrating Structural Decomposition Analysis with Network Theory

The consideration of both the direct and the indirect effects of global production and trade is the first step in order to assess the sustainability of resource exploitation, in particular water usage. This paper applies the Global Multi-Regional Input-Output model to quantify the interdependencies of different sectors and to determine the overall water consumption of each country. This procedure allows the measurement of Virtual Water Trade, that is the volume of water embedded in traded goods. This paper introduces further extensions based on network analysis to overcome the limitations of I-O models. To the best of our knowledge, this is the first attempt to build a bridge between two different, but related, methodologies. Firstly, we assess the evolution of the structure of international trade in Virtual Water (VW). Secondly, we present the results from the Structural Decomposition Analysis. Finally, we introduce other measures from Network Theory, in order to integrate the previous results. Community Detection assessment reveals the emergence of regional VW systems composed by a limited set of countries. Thus our study confirms the need of elaborating and implementing transboundary policies for water management, especially in the European Union

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment: Genesis of an exemplary model of international control on Human Rights

The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention of Human Rights (1950), the Torture Convention establishes a parallel monitoring system ensuring the respect of the subjective rights contained therein. In addition to the 1950 Convention, it introduces an absolutely novel mechanism aimed to address in a preventive and effective way the needs related to the protection of human dignity and other core human rights belonging to individuals deprived of their liberty. This short study endeavors firstly to describe the preparatory phases of the Convention. In this connection, the raisons d’être and concerns which led to its birth will be likewise analyzed in the first part of the study. Secondly, an operational definition of “torture and inhuman and degrading treatments” will be propounded, in the light of a concise referral to the European Court of Human Rights case-law. A brief survey of the Convention main provisions will be the topic dealt with in the third part of the study. Finally, its implementation, the pivotal role of the European Committee for the Prevention of Torture and the respective roles of the latter and International Committee of the Red Cross will be the focus of the fourth and last par

The Lebanese crisis of summer 2006 In terms of jus contra bellum

As the title denotes, the present article focusses on the application of ius contra bellum rules ; in other word, the author will examine States\u27 and non-State actors\u27 conducts during summer 2006 events through the sole spectrum of rules relating to the right to the use of force in intern national relations, formerly known as the right to wage war. Thus, this article will not deal with the body of rules pertaining to the conduct of belligerents during armed conflict, i.e. the ius in bellum. Therefore, special, yet not exclusive emphasis will be put on Israel\u27s title to resort to armed force in order to guarantee its allegedly infringed rights. To this effect, the author will review different legal rules (and set of rules) which could validate Israel\u27s conduct. On the other side, Lebanon\u27s conduct in relation to Israel\u27s claims and especially with regard to Hezbollah\u27s activities will carefully be scrutinized in the light of public international law rules. In this framework, the question of States’ lawful reactions to non-State actors’ use of force will be thoroughly examined. Hence, in this respect, the article will assess not only ius contra bellum rules but also international law of State responsibility as well as the right to resort to forcible countermeasures and UN law (notably Security Council prerogatives under United Nations Charter Chapter VII). In conclusion, the author aims to determine Israel, Lebanon (and Hezbollah\u27s) responsibility in the context of this chapter of the Middle East Question

Così impossibile da immaginare... Percorsi tra letteratura e scienza

To imagine the impossible is apparently – and ‘pour cause’ – an inescapable test ground for all forms of human creativity. Indeed, a genuinely creative disposition is one that grapples with that part of the real which escapes established patterns of understanding and representation, in order to open unordinary potentials of imagination and expression. Pursuing a largely trans-/inter-disciplinary approach, Betweeen IX.17, edited by Luciano Boi, Franco D’Intino and Giovanni Vito Distefano, offers an overview of studies on the subject, spanning over modern and contemporary literature and culture. The wide investigation on the imagination of impossible sheds new light on the interrelationship between literature and science in setting, and/or pushing in different directions, the barrier delimiting the domain of certainty and of possibility.Ogni forma di creatività umana ha un banco di prova apparentemente – et pour cause – ineludibile nell’immaginazione dell’impossibile. Una disposizione autenticamente creativa è tale, infatti, quando si confronta con la porzione del reale che sfugge agli schemi assodati di comprensione e rappresentazione, ed è in grado, così facendo, di inaugurare non ordinarie possibilità immaginative ed espressive.Perseguendo un approccio ampiamente trans-/inter-disciplinare, il numero IX.18 di Between “Immaginare l’impossibile: trame della creatività tra letteratura e scienza” (a cura di Luciano Boi, Franco D'Intino e Giovanni Vito Distefano) offre una panoramica di studi che affrontano l'argomento nell'ambito delle letterature moderna e contemporanea. L'indagine dell'immaginario dell'impossibile offre nel suo complesso una nuova visione dei rapporti tra letteratura e scienza nel collocare e/o spostare in svariate direzioni il confine che circonda l'ambito rassicurante della certezza e della possibilità

Il personaggio delle Grandi Parodie Disney tra intertestualità e serialità

ABSTRACT: Le Grandi Parodie Disney dei classici della letteratura costituiscono un'originale e intensa impresa creativa, cominciata nel 1949 con L'Inferno di Topolino e ancora oggi portata avanti con successo dagli autori Disney italiani. L'articolo si concentra sui procedimenti adattivi alla base delle Parodie, privilegiando quelli che investono in prima battuta l'elemento narrativo del personaggio. Il close reading condotto sull'Inferno di Topolino, parodia antesignana e manifesto dell'intero corpus, permette di osservare come sul personaggio della parodia si giochi in larga misura il mix di intertestualità e serialità che, con una considerevole prevalenza della seconda sulla prima, caratterizza questi adattamenti. In conclusione, si mostra come le risorse espressive e semantiche del personaggio seriale non solo comportino l'immediata riconoscibilità della parodia, ma sostengano significative innovazioni di ordine tematico-ideologico rispetto all'opera dantesca e coraggiose prese di posizione sull'importanza del fumetto seriale nel sistema culturale contemporaneo.Parole chiave: Grandi Parodie Disney. personaggio seriale. Intertestualità. Divina Commedia. Topolino. Resumo: Le Grandi Parodie Disney dos clássicos da literatura constituem um trabalho criativo original e intenso, que começou em 1949 com o Inferno de Mickey e ainda hoje é apresentado com sucesso por autores italianos da Disney. O artigo enfoca os procedimentos adaptativos subjacentes às paródias, privilegiando aquelas que envolvem, principalmente, o elemento narrativo do personagem. A leitura atenta realizada em O Inferno de Mickey, precursor da paródia e presente em todo o corpus, permite-nos observar como a mistura de intertextualidade e serialidade desempenha, em grande medida, o caráter da paródia que, com uma prevalência considerável do segundo sobre o primeiro, caracteriza essas adaptações. Desse modo, observa-se como os recursos expressivos e semânticos do personagem serial não só levam ao reconhecimento imediato da paródia, mas também sustentam significativas inovações temático-ideológicas no que diz respeito à obra de Dante e às posturas corajosas sobre a importância dos quadrinhos seriados no sistema cultural contemporâneo.Palavras-chave: Grandi Parodie Disney. Personagem serial. Intertextualidade. Divina Commedia. Mickey Mouse. ABSTRACT: The Great Disney Parodies of the classics of literature are a major creative enterprise, begun in 1949 with L'Inferno di Topolino and still successfully carried out by Italian Disney authors today. The article investigates the adaptive procedures of the Parodies, with a special focus on those involving the pivotal narrative element of the character. From the close reading of L'Inferno di Topolino, the first parody to be written and a manifesto of the entire corpus, it is possible to observe how the mix of intertextuality and seriality which distinguishes these adaptations hinges largely on the expressive and semantic resources of Disney serial characters. In the conclusion, the main effects of the prevailing of seriality over intertextuality are discussed, showing how it makes for the immediate recognizability of the parody, supports significant thematic-ideological innovations with respect to Dante's work, and allows for courageous metaliterary assertion on the importance of serial comics in the contemporary cultural system.Keywords: Grandi Parodie Disney. Serial character. Intertextuality. Divine Comedy. Mickey Mouse