Contesto e individuo nel sistema di giustizia penale internazionale. Contrappunto in riflessioni sparse

• Autores: Alberto Di Martino
• Localización: Studi sulla questione criminale, ISSN 1828-4973, Vol. 15, Nº. 1, 2020, págs. 99-117
• Idioma: italiano
• Texto completo no disponible (Saber más ...)
• Resumen

  • The main goal of this short essay is to counterpoint – from the viewpoint of international criminal law as a legal discipline – the workshop’s discussion on the situational context as contributing factor to mass atrocities, as well as on the conceptual feasibility of a systematic “excusiology” in favor of their perpetrators. First, any account that advocates for a complete defence of “situational inability” to abide by human rights obligations leads to a denial of the basic tenet of international criminal justice: the very idea of individual responsibility as a key tool to fighting against impunity for mass atrocities.

    Secondly, the article maintains that underscoring the function assumed by the situational context may lead, however, to a better understanding of some controversial issues of ICL, such as the legal treatment of coercion either as complete or as only incomplete defence; ultimately, to overcoming such cultural divide through a concept of “situational coercion”.