L’accertamento del fatto illecito tra diritto internazionale e diritto interno

• Autores: Francesco Salerno
• Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 106, Nº 1, 2023, págs. 5-35
• Idioma: italiano
• Enlaces
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• Resumen

  • In traditional international litigation, the ascertainment of the facts that form the basis of a State’s internationally wrongful act mainly depends on the procedural conduct of the parties to the dispute, without any formal nor substantial role to be played by the individual(s) who are (or were) the organ(s) of the allegedly responsible State. However, if the same facts are qualified as a “crime” in the framework of a national criminal procedure, the domestic court is called upon to guarantee the suspects’ rights of defence. In order to avoid a possible asymmetry between the « procedural truth » established by the international court and that ascertained by the national tribunal, the former must make use (even on its own motion) of every procedural opportunity which gives the court the opportunity to evaluate the facts also in their «individual» dimension, so as to ensure an effective continuity (and coherence) between the international and the national findings.